HomeMy WebLinkAbout20012115 --_ BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Kim Ogle
CASE NUMBER: USR-1306
APPLICANT: Rocky Hoffschneider/Tom Sharkey
Platte Sand and Gravel, LLC
ADDRESS: 1300 Harlan Street, Lakewood, CO 80215
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development facilities including a Concrete,Asphalt and Pre-cast Batch Plant and Gravel
Mining in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Parts of the SE4SE4 Section 23; Parts of the SE4NE4, SW4NE4,
SE4SW4, and SE4NW4 Section 26; Parts of the NE4NE4 and SE4NE4
Section 34 and parts of the NE4,NW4 and SE4SW4 Section 35,Township
4 North, Range 67 and parts of the E2 and E2W2 Section 2, Township 3
North Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 36;approximately 2640 feet South of WCR 44
and West of and adjacent to Weld County Road 23
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The application is not applicable to pre-cast batch plants, Weld County Code, Section 23-2-
220.A.2
2. The application is not compatible with existing landuses Weld County Code,Section 23-2-220
A.3.
3. The application is not compatible with future development in the surrounding areas, Weld
County Code, Section 23-2-220.A.4.
4. The applications Development Standards and Conditions of Approval are not adequate for the
protection of the health, safety and welfare of the inhabitants of the neighborhood and the
county, Weld County Code 23-2-220.A.7
5. The application is incomplete.
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Bryant Gimlin
Fred Walker John Folsom
Arlan Marrs
Michael Miller
Cathy Clamp
Jack Epple EXHIBIT
Stephen Mokray
US12`tj3O10
I
2001-2115
RESOLUTION USR-1306
Hoffschneider
Page 2
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Vicki Hamilton, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 5, 2001.
Dated the 5th of June, 2001.
Vicki Hamilton
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 15
7. CASE NUMBER: USR-1306
PLANNER: Kim Ogle
APPLICANT'S NAME: Rocky Hoffschneider(Platte Sand & Gravel, LLC)
LEGAL DESCRIPTION: Parts of Sections 23, 26, 34, and 35, Township 4 North, Range 67
West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Permit and Special Use Permit for a Concrete, Asphalt
and Pre-Cast Batch Plant and Gravel Mining Operation in the Agricultural Zone
District.
LOCATION: North of and adjacent to WCR 36, approximately 2640 feet South of WCR 44,west
of and adjacent to WCR 23.
Cristie Nickles, Chair, explained to the audience how the meeting was going to be administered.
Kim Ogle,Planner presented case USR-1306 and read the Department of Planning Services comments and
recommendations for approval for the record. Mr. Ogle distributed additional information that was received
after the date of mailing. Mr. Ogle also stated that comments noted preliminary are now final comments with
bolded text noted as additions and strikeout text as deletions.
Michael Miller asked Mr. Ogle to refer to section 23-3-40.A of the Weld County Code stating that it provides
for facilities including concrete, asphalt and pre-cast batch plants. Mr. Miller stated he looked through the
Code and found no reference to pre-cast batch plants.
Mr. Ogle told Mr. Miller he was correct that the pre-cast batch plant was not referenced.
Mr. Miller stated that was very significant because there is a big difference between a pre-cast facility and a
concrete batch plant. He stated it needed to be addressed.
Mr. Ogle requested the applicant address his exact application proposal.
Mr. Miller wanted to know how or why the wording was put in the request .
Mr. Ogle explained it came from the application when the case was set up.
Mr. Miller stated for the record that Section 23-3-40.A does not include pre-cast batch plants.
Chris Pickett, Pickett Engineering, applicant's representative gave his name and address for the record.
Mr. Pickett gave a presentation and stated that the applicant is willing to address all of the recommendations
and requirements to the permit. He asked the Planning Commission for approval of this request.
Mr. Miller asked Mr. Pickett, if he prepared the haul route or if he knew of the implications it proposes to the
Port of Entry in Platteville. Mr.Pickett asked for the specifics. Mr.Miller stated that State Statute requires that
any truck that comes within five(5)miles of the Port of Entry, clears that Port of Entry. Your haul route calls
for your trucks to go down to Highway 66 and proceed west which clearly circumvents the Port of Entry and
is a violation of state law.
Mr. Pickett stated the operations will conform to all state laws. If there is a need for the trucks to enter and
exit the Port of Entry, it will be done. The haul route is one of convenience to the markets they expect to serve
and is not meant to circumvent any state requirements.
Mr. Miller stated the applicant was asking for an approved haul route and the one submitted is illegal. That
is an issue that has to be addressed in order for this application to be viable. Mr.Pickett referred the legalities r""sk
of the Mr. Miller's request to the legal counsel present. However, Mr. Pickett stated the routes will have to
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be part of the development agreement and improvements agreement that will be prepared prior to going to
the County Commissioners and will be based on the traffic report prepared by a registered engineer in the
State of Colorado.
Mr. Miller asked if the traffic report was available today. Mr. Pickett stated that they do have the report. W 4
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 16
Mr.Miller stated that the application indicates that this will be a wet-mining operation but at times a dry-mining
operation will be created. Mr. Miller asked why the fluctuation between the two.
Mr. Pickett, stated to his understanding, that their intent is to mine the operations to the greatest extent
possible but would like to reserve the right to dry-mine if it becomes necessary.
Mr. Miller asked Mr. Pickett to elaborate on the traffic study to as what it requires for paving roads or
improvement of the surrounding roadway.
Mr. Pickett, stated the impacts are very minor to the operations of the existing roads but, the improvements
agreement will reflect any requirements for improvements, the applicant will be willing to comply.
Mr. Miller stated the application request asks for this not to be a staged mining operation, but just to have the
opportunity to mine wherever you want whenever you want. Mr. Miller wanted to know the purpose of no
staging.
Mr. Pickett requested Steve O'Brien to answer that question.
Steve O'Brien from Environment, Incorporated,gave his name and address for the record. He stated that his
company did the mining and reclamation plans for this case. Mr.O'Brien stated the reason for the no staging
request was after the initial start-up at Sharkeys Lake,there was no way of knowing which direction to mine
next due to the size of the property. Mr. Miller asked if the applicants are suggesting the materials on this site
fluctuates to some degree and you would move from certain areas depending on what materials were needed
at the time. Mr. O'Brien stated there is a variation of material across it as well as depth from what the drill
reports indicate. Mr. O'Brien stated the mining would start in the Sharkey's Lake area and when that is
completed, then the next area would be chosen. He went on to say once an area of mining is started the
project will be completed before a new area is chosen. The areas have been limited in size to 40 acres at a
time. Mr. O'Brien stated the only exception to mining more than one area at time would be in the very
beginning when mining would start on the eleven (11)acre Terrace deposit. That way ground water would
not be exposed in able to build roads. Mr. O'Brien described this area as he was pointing to the map.
Lee Morrison, Assistant County Attorney confirmed for the record that Mr. O'Brien was describing the area
between Weld County Roads 36 and 28 on the east edge of the proposal as the Terraced mining area.
Mr. Miller stated that Mr. O'Brien had referred to the test holes and materials, however that information was
not included with the application packet for the Planning Commission. Mr. Miller asked if it was available
today.
Mr. O'Brien stated it was not available due to the information being proprietary. Mr. O'Brien stated the
applicant did not want the competitors to know that information. Mr. O'Brien stated the area was drilled
throughout the site, and there was probably twenty holes.
Mr.Miller stated that kind of information is very beneficial in order to determine if the application is appropriate,
and if the mine is viable. Mr. Miller stated in most of the mining case applications this information is included.
Mr. O'Brien stated he seldom includes that information in his reports. Mr. O'Brien did go on to state that
historically along the Platte River there is a lot of gravel along the edges.Also,Mr.O'Brien stated there is quite
a bit of sand, so this is a viable site.
Mr. Miller asked why reclamation won't start for five(5)years after mining is finished. Mr.O'Brien stated that
the law says that reclamation should start within five years. Mr. O'Brien stated that due to the size of the
mining in this area that once a bank area is completed the sloping and vegetation would begin and then
seasonally plant the area. Then there is a five (5)year period where it is monitored before the state would
release it the reclamation permit. Mr. O'Brien went on to say this is quite common in these mines. He also
stated the exception to that will be in the Terrace section,once mining is complete,resoiling and revegetating
will begin as soon as they are done. In section 35 as the mine begins to reach the banks of the lakes, interim
seeding will also take place.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 17
Mr. Miller requested information regarding the placement of material along the banks of the lakes with a
dredge. Mr. O'Brien stated that unmarketable sand can be used for reclamation so when an area is mined
out the sand is used to rebuild the slopes of the lakes. The dredge pumps it around or lays it down. Part of
the reclamation plan right now is to leave adequate setbacks so there will be room to do sloping and the
dredge works quite well for moving large amounts of material.
Mr. Miller asked Mr.O'Brien about the haul route. Mr. O'Brien stated that if you have an operation within five
(5)miles of a Port Of Entry agreements can be made to allow the trucks to go west or east without having to
go through the Port. All the trucks in the mining operation will be weighed on certified scales and that
information would be given to the Port.
Mr. Miller stated that the only permits that are issued are called revocable permits and they are issued on a
truck by truck basis and this particular type of operation would not be eligible.
Mr. Miller stated that the application indicates that you wish to recycle asphalt and concrete. This becomes
an issue because of the increased truck travel.
Mr.O'Brien stated that term recycling is used a little differently. This meaning is regarding the left-over asphalt
material from the truck washes,clean outs and left over material that is generated from the site. That material
plus material that is generated from two or three other batch plants within the corporation is then run through
the crushers and recycled.
Mr. Miller confirmed that there was no other material being brought in to recycle,just what is generated within
the corporation. Mr.O'Brien confirmed this but went on to say during the reclamation other materials will be
brought into the site.
Mr. Miller asked if any batch plant designs are available based on the test borings.
Mr. O'Brien stated he had not seen anything.
Cathy Clamp referred to the letter received from the Platte Valley Historical Society and St. Vrain Historical
Society,asking the applicant if he was aware of the possible burial sites, and mammoth sites on this property
that have not be discovered as yet. She asked if a archeologist would be hired to identify any of these.
Mr. O'Brien stated no.
Ms.Clamp asked if training was going to be available for employees to identify any of these potential historical
sites. Mr. O'Brien stated no. He went on to state that the State Historical Society had a requirement that a
cultural study be completed and record search be done by the State Historical Society on all proposed gravel
pits in the state. A year or so into the study the AG's office ruled that was not required on private lands only
on government land which seems to indicate it is really the landowners responsibility and property if anything
is found on the owner's private property. The State Historical Society stated that there are two sites identified
which are the Monument site and a long, narrow site(possibly a railroad crossing or station)that have been
signified as a historical sites. The closest the mining will get to these sites is 250 feet.
Ms. Nicklas, requested the referral agencies to come forward for comment.
Wes Scott, representative for the Platteville/Gilcrest Fire Protection District gave his name and address for
record. Mr. Scott stated he would only speak to public safety and the development of this new facility.
Mr. Scott went on to state the issues in the referral have not been addressed. Mr. Scott stated that this will
be the largest facility to move into the fire district and the main concern that the fire district has is the applicant
has not contacted the fire district at all. Mr.Scott did say that Ms. Frazer from AgPro, Environmental Services
met with him and did go over the recommendations, however there was not much knowledge of the
development of the site. Mr. Scott stated several attempts have been made to communicate with
Environmental Services for updates on the development but to no avail. Mr. Scott stated the referral stands
as stated and that there has been little or not consideration or planning in regards to the fire district.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 18
Mr. Miller asked if the fire district provides the ambulance service. Mr. Scott stated that they are staffed with
first responders but do not transport and Weld County provides the service for the entire county.
Michael Cowper,Mayor of Platteville stated his name and address for the record.Mr.Cowper stated a referral
was sent to the Town of Platteville, and this mining development conflicts with Platteville's Comprehensive
Plan. The proposed site is immediately adjacent to the Urban Growth Area. He went on to address the traffic
issues on Highway 85 and Highway 66 stating there is an elementary school on Highway 66 and the
elementary children cross those highways everyday. Mr.Cowper went on to state that Platteville is a farming
community and asked the commission to give the utmost consideration to these residents.
Frederick L. Ginsburg, attorney for the applicant stated his name and address for the record. He then
addressed several issues. Mr. Ginsburg stated that the Port of Entry does enter into exemption agreements
as long as the certified weight records are submitted to the Port of Entry staff. Mr. Ginsburg stated the Port
traffic would then be reduced.
Mr.Ginsburg stated he was a little confused when the Mayor of Platteville thinks that the area is still a farming
community as there have been literally thousands of residential lots annexed over the last few years. Mr.
Ginsburg suggested that a change was occurring in the whole area.
Mr. Ginsburg requested Mr. O'Brien come forward again and state his credentials and background for the
Planning Commission. He stated he is a civil engineer and gave his background.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bruce Rippe stated his name and address for the record. He is the representative for the Platteville United
Neighbors. Thirty-one members were in attendance who donated their speaking time to Mr. Rippe.
Mr. Rippe, gave an extensive presentation stating the critical concerns of the Platteville United Neighbors.
He made references to Mr. Ogle's administrative review, Weld County Code Zoning Ordinances, and the
Comprehensive Plan.
Mr. Rippe quoted Section 23-2-20 a of the County Code stating that many of these standards and conditions
have not been appropriately or adequately addressed by this application in its current form.
Mr. Rippe stated that the Town of Platteville annexed and approved zoning for 175 residential houses and the
Town of Milliken has annexed the old Gomer Farm for 436 residential homes. Mr. Rippe stated the Milliken
annexation is west of and adjacent to the application site.
The next item Mr. Rippe pointed out was the school bus routes throughout this area. All the roads included
in the applicant's haul route are used by the school buses everyday.
Mr. Rippe stated in the application and the administrative review that the residents were referred to"scattered
rural residents." Mr. Rippe presented a map with dots indicating all the residences. Mr. Rippe stated the
residents understand the great amount of money invested in this application but, please don't forget the time,
lives, hopes and money, and energy invested in their homes and farms and the work done in the area. Mr.
Rippe stated the impact from this application would be particularly felt in the loss of quality in rural life,
increased physical health risks and financial strain of disruptive farm activities and loss of property values.
Mr. Rippe also stated the farming activities would be immediately affected by traffic conflicts between haul
trucks and the farming vehicles. In the long term any adverse affect from mining in the Laramie -Fox Hill
aquifer supplying the agriculture wells directly conflicts with the right to farm.
Mr. Rippe stated that the scale of this application is extreme in its size, length of permit and accompanying
industrial activity. It would be the largest in Weld County and one of the largest multi-plant operations in
Colorado. Mr. Rippe went on to state the USR permit code section 23-40 does refer to batching plants,
however,as previously stated by Commissioner Miller the code makes no exception for recycling facilities or
pre-cast plants.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 19
Mr. Rippe, stated that the residents' right to farm is threatened by this proposed operation, primarily by the
integrity of the water table, groundwater quality and the invasion of the shallow aquifer which is shared by
both agricultural and domestic users. Mr. Rippe went on to say that approximately twenty(20)percent of the
proposed site is prime farm ground and another twenty(20)to twenty-five (25) is prime if irrigated.
Mr. Rippe stated the increased traffic and haul routes are critical concerns. Mr. Rippe stated at this time, no
traffic study has been submitted. Mr. Rippe stated the Platteville elementary school is located at the
intersection of Highway 66 and U.S. Highway 85 and there is no signal lights and the haul route is not
compatible. Mr. Rippe stated the farm vehicles and the haul trucks are not compatible on the county roads
without mitigation.
Mr. Rippe stated that this mine will create criteria pollutants, carbon monoxide from intensive vehicle traffic
and particulate matter in the form of dust and concrete dust. Mr. Rippe also stated the air quality issues have
not been addressed in the application via a site specific study. Mr. Rippe stated the noise is a form of
environmental pollution and the application states the noise study is not site specific, and the lack of a noise
abatement plan is totally unacceptable.
Mr. Rippe concluded with the length of the permit, the surrounding area is expected to bear the burden of
multiple,continuous stresses resulting from mining operations without any inherent compensation even in the
proposed final use. Mr. Rippe went on to say a private reserve offers no benefit to the public domain and
there is no benefit to the surrounding property owners or neighborhood. Mr. Rippe encouraged the Planning
Commission to deny this application or at least continue the application until the homework is done.
Andy Jones, attorney representing Dr. Michael Potasnek, Katherine Hardin, Michael Decker, Seth Decker,
Western Mutual Ditch Company and the remainder of the citizens group, stated his name and address for
the record.
Mr. Jones stated he would talk about the following items; the lacking information in the application packet,
mining implications of nearby wells, potential affect on the Western Mutual Ditch and nature and extent of
water rights on the subject property as it relates to the definition of prime farm land.
Mr. Jones stated the application lacks significant items, as stated previously, the traffic study, stormwater
mitigation plan as it would relate to the ditch, no evidence of long term water supply for augmentation, no
agreement with the Western Mutual Ditch Company, 112 permit application for land mine reclamation has not
been finalized as well as the fire district concerns.
Mr. Jones stated in his earlier letter to the Department of Planning Services staff and the Planning
Commission asked at a very minimum that this application be tabled to enable the public to comment on the
parts of the application that are lacking.
Mr. Jones previously distributed packets to the Planning Commission which he referred to during his
presentation.
Mr. Jones stated that this is agricultural area and within a mile and a half there are sixteen (16)large scale
operation wells and nine (9)domestic and stock wells for in-house needs. Mr. Jones stated these wells are
permitted to withdraw about thirty-three (33) cubic feet per second or about 15,000 gallons a minute. That
would be sixty-five(65) acre feet a day for agricultural purposes. Mr. Jones stated,this is either a livelihood
or supplemental income for these residents.
Mr. Jones, stated the applicant's plan is for a wet operation with the option to de-water for a dry mining
operation. Mr. Jones explained what happens to the water table if de-watering takes place.
Mr.Jones stated his client, Dr. Potasnek,commissioned Forrest Leaf,an engineer to study the impacts of the
applicant's plan on Dr. Potasnek's wells. Mr. Leaf concluded that assuming the worst case scenario of de-
watering, there is potential draw down for a maximum of forty-six (46)feet on the wells closest to the mine
site. Mr. Jones stated that would put the well out of business. Mr. Jones stated Mr. Leaf was then
commissioned by the neighborhood group to study their wells. Mr. Leaf reached much the same conclusion
with these wells. Mr. Leaf's report stated the wells would be lowered any where from five (5)to twenty(25)
feet by the mining operation.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 20
Mr.Jones stated at this point in time the applicant addressed this situation and commissioned their own study
by an engineer named Greg Rousch. Mr. Rousch's study was different in that he assumed it would be a wet
mine with the exception of a one (1)acre starter pit. Mr. Rousch's recommendation to the applicant was the
de-watering activity should be limited to one acre,and the depth of mining be limited to fifteen(15)feet below
the water table. Mr. Rousch's study also suggested to de-water close to the river and away from ditch and
wells, and de-water in the winter. Mr. Jones stated by de-watering in the winter the impact is less due to no
irrigation.
Mr.Jones stated this study was submitted to the Land Mine Reclamation Board, however no conclusion has
been made as yet by the Board.
Mr.Jones stated there is a genuine concern that these wells will be impacted by the de-watering activities of
this site. Mr. Jones also stated that the well owners have to know when this de-watering is going to happen
and at this time the applicant doesn't know. Mr. Jones, also stated the applicants should be forced to follow
the recommendations of Mr. Rousch.
Mr. Jones went on to say the Western Mutual Ditch Company borders the proposed mining site. Mr. Jones
cited the Western Mutual as the oldest ditch company on the Platte River and provides several hundred
shareholders with water for irrigation. Mr. Jones discussed the concerns of the ditch company with the ditch
losing water therefore, the shareholders would also lose water. Mr. Jones went on to state that the
Department of Planning Services staff required a condition for the applicant to have a signed agreement with
the Western Mutual Ditch Company covering the issues.
Mr.Jones stated at this time there is no submitted ditch agreement. Mr.Jones stated the applicant unilaterally
withdrew from the negotiations and said that no agreement would be forthcoming. However, as of today
principals in the Western Mutual Ditch Company and the applicant have been talking without the attorneys
and a proposal has been presented that the Western Mutual Ditch Company deems insufficient. Mr. Jones
stated that the Western Mutual Ditch Company requested that the Planning Commission continue to make
the signed agreement a condition of approval for the applicant.
Mr. Jones stated that this is agricultural farm land and it should be farmed and asked the Planning
Commission to consider this. Mr. Jones cited Mr. Leaf's research on his water research concerning the
irrigation of this farm land. Mr. Jones asked if the applicant has to mine the whole area and this farm land
should be preserved. Mr. Jones stated the purpose of the Use by Special Review process and asked the
Planning Commission to deny this application.
Fred Walker asked Mr. Jones referring to the first water study, if a slurry wall was to be used around the de-
watering areas. Mr. Jones stated the assumption was no slurry wall.
Mr. Miller asked Mr.Jones what would be an acceptable compromise or agreement with the ditch company.
Mr. Jones referred to the previously distributed letter but stated that, a 200 foot setback from the ditch, and
for applicant to agree with Mr. Rousch recommendations with de-watering only between the months of
October and March, and also to have measuring devices within the ditch to determine how much water is
escaping, and for the applicant to agree to a crossing agreement with regard to the plans.
Ms. Clamp asked if the wells are located in the same aquifer. Mr. Jones stated they were. Mr.Jones stated
there were sixteen (16) irrigation wells and nine (9) domestic and stock wells.
Mr. Jones restated that the first Forrest Leaf report was done on all of Dr. Potasnek's wells and the second
report was for a mile and half radius of the mining site.
Mr.Walker asked the size of the Western Mutual Ditch. Mr.Jones requested a board member from the ditch
company to speak.
Doyle McCarthy,representative for the Western Mutual Ditch Company,stated his name and address for the
record and stated the ditch is fourteen foot across,and flows 99-100 cubic feet per second, and the distance
referred to in this application is four and one-half(41/2)-five (5) miles with a slow grade.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 21
Mr. Walker asked how the two hundred (200) foot setback was decided. Mr. Jones stated Mr. Leaf
recommended the setback for dual reasons, one for the integrity of the ditch and for seepage.
Norman Swank,a concerned citizen, stated his name and address for the record. Mr.Swank stated the haul
route was a concern. Mr. Swank stated there is a gas line underneath Weld County Road 23. and the water
table is very high. Mr. Swank stated the gas line is only buried two and on half feet below the road. Mr.
Swank stated that with all the trucks hauling on that road the gas line could break. Mr. Swank suggested
using various other Weld County Roads.
Diane Houghtaling, Department of Public Works, stated that there had not been a traffic study submitted.
Stan Odenbaugh,a concerned citizen, stated his name and address for the record. Mr. Odenbaugh referred
to the USR application indicating there are six houses within five hundred feet of the permit area and also
stated that was an untrue statement as his house lies within three hundred feet of the site. Mr. Odenbaugh
also went on to say there is no reclamation information regarding the property owner's private use of the lakes.
Mr.Odenbaugh stated there also is no study showing a need for another concrete plant. Mr.Odenbaugh was
also concerned there was no site specific study for the noise. Mr. Odenbaugh stated there was concessions
made for the prairie dog and eagle inhabitant but none for the people.
Frank Stewart, representative for the historical society,of the gave his name and address for the record. Mr.
Stewart presented the history of the site area with information regarding the various Indian camps along the
Platte River. He asked the applicant to identify the burial sites during the excavation of the mines.
John Spillane gave his name and address for the record stating he is representing the Marie Louise Golner
Charitable Trust and Gilbralter Equity Investments. Mr. Spillane stated the trust is the owner of the property
directly adjacent to the proposed site. Mr.Spillane stated that Section 27 is owned by the trust and has been
annexed by Milliken as a residential community by Gilbralter Equity. Mr. Spillane agreed with Mr. Jones
regarding the compatibility of this application. Mr. Spillane stated that this application does not have to be
approved with the time and the scope that this applicant is proposing. Mr. Spillane spoke again to the
concerns previously stated. Mr. Spillane suggested that if this application be approved, limitations should be
imposed. He also stated there should be strong performance standards and should be supported by site
specific studies. Mr. Spillane again stated this proposed use is not compatible and should it be approved it
should only be approved for no more than five (5) years with strong performance standard along with site
specific studies and limiting the close vicinity of the site to the residential neighborhoods.
Stephen Mokray asked when the Milliken PUD was going into effect. Mr.Spillane stated in 2002 as they were
preparing the final plat.
Lori Potter, attorney representing Mr. Rippes group of citizens, stated her name and address for the record.
Ms. Potter stated that Stan Odenbaugh is also a member of the citizens group. Ms. Potter stated she would
like to endorse the arguments made by Mr. Spillane, and Mr. Jones in addition to her clients. Ms. Potter
stated that the Planning Commission does not have an adequate basis to recommend approval of this Special
Use Permit. Ms. Potter reiterated the request of the Planning Commission to deny this application.
Ms. Nicklas closed the public testimony.
Ms. Nicklas requested the applicant or his representative to give assurances as to the concerns raised by the
public testimony.
Fredrick Ginsburg,attorney for the applicant stated that he would address some of the items and then call on
experts to address the other items.
Mr.Ginsburg clarified the applicant has restricted the time of the permit to forty(40)years and not a 100-year
permit.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 22
Mr.Ginsburg, stated in reference to the traffic study that the roads are for everyone's use and when Milliken
and Platteville are endorsing plats for 400 and 500 homes common sense would dictate that would create
an awful lot of traffic added to these roads. Mr. Ginsburg stated it is not just this application that would be
adding more traffic on these roads.
Mr.Ginsburg went on to state the evidence presented indicates on the east side of the river that there are five
to maybe fifty acre types of sparse farming residences and on the west side of the river in the
Milliken/Platteville area,there are the new annexations indicating,the whole area is changing . Mr.Ginsburg
stated there is a compatibility issue between the single family residences and the old farming way of life. Mr.
Ginsburg stated that in 1975, Weld County produced a study for sand and gravel, and according to Map
seven(7)of this study,a great amount of gravel exists at the proposed site. Mr.Ginsburg penciled in the area
of the proposed site on this map for the exhibit.
Mr. Ginsburg stated that school traffic is a problem on all roads and the more houses that are built the more
traffic and children you have. Mr. Ginsburg stated that the gravel contributes to the construction. Mr.
Ginsburg stated the evidence presented indicates a changing scene and this application is just a part of this
changing scene.
Greg Rousch stated his name and address for the record also saying he is a surface water engineer with
Leonard Rice, Engineers. Mr. Rousch, referring back to the water augmentation plan stated that all that was
needed to have a gravel pit is to obtain a substitute supply plan, and until the gravel mine is permitted the
recommendation for augmentation was not needed.
Mr. Rousch referred back to Mr. Rippes' concern on the cotton wood trees along the river stating the dry
mining along the river would not cause the cottonwood trees to die.
Dennis McGrane, hydrologist and professional engineer stated his name and address for the record. He
stated he did a study on the groundwater impact uses in the proposed site area. Mr. McGrane explained that
the amount of water removed from the start up pit would be equivalent to an agricultural well, about between
700 and 2500 gallons per minute. That type of discharge would cause a draw down, but it would only be a
two foot draw down of ground water located approximately 2000 thousand feet from the pit. It will not be
noticeable at all in regards to the domestic and stock wells in the vicinity. Mr. McGrane gave an explanation
on groundwater in reference to the aquifer stating the aquifer will remain whole.
Ms. Nicklas asked the depth of the most of the irrigation wells. Mr. McGrane stated the wells are forty to fifty
feet.
Mr. Miller stated in the Rousch report it was recommended that the first dry pits be put as close to the river
as possible,to eliminate the effects of the irrigation wells,but that seems contradictory to the preservation of
the cottonwood trees along the river. Mr. McGrane stated when the study was done, the cottonwood trees
were not considered. Mr. McGrane agreed with Mr. Miller stating that it would be a conflict with the
preservation of the cottonwood trees.
Mr.Ginsburg also stated the case presented by Mr.Jones had taken place in Boulder County,and that county
has a different set of rules. Mr.Ginsburg also expressed his concern regarding the fire department comments
and assured the Planning Commission the applicant would work with the Platteville Fire Protection District.
Mr. Ginsburg also stated that the pictures placed in exhibit from Mr. Rippes' presentation were from Adams
County.
Arlan Marrs went back to the haul route stating he was confused at the choice made. Mr. Ginsburg stated
it was the quickest way to get to a paved road.
Mr. O'Brien stated the fastest way to get to pavement and the Denver area market was to come from the
south end at the intersection of W CR 36 and WCR 23 and follow the treated gravel road up to the pavement,
on Highway 66. Mr. O'Brien pointed to several alternative routes on the map.
Mr. Marrs disagreed, that this is a major concern, and it appears there are three other choices.
Mr. Ginsburg again stated that the haul route could be adjusted.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 23
Mr. Ginsburg also stated there have been negotiations with the ditch company that did break down but the
negotiations have started again. Mr.Ginsburg stated the issue is the ditch company wants to designate when
to de-water, but Mr. Ginsburg stated all this is fixable and can be worked out with ditch company.
Mr.Marrs stated it appeared the Rousch study recommended a one acre pit in regards to starting the dredging
operation. Mr. Marrs asked why that would have to be de-watered for up to a year. Mr. Marrs stated it
seems that could be done in 30-60 days and could be accommodated over the winter months.
Mr. Ginsburg deferred to Mr. McGrane. Mr. McGrane stated he used conservative assumptions when
determining the length of the de-watering. Mr. McGrane stated the reality of the operation is probably what
Mr. Marrs suggested.
Mr. Marrs stated he wanted assurances to the time limits of each of these one-acre starter pits that would be
de-watered and again stated they could be done during the winter months to alleviate the irrigation concerns.
Also, Mr. Marrs wanted assurances that these mines would be wet mines not dry mines.
Mr. Ginsburg stated that the applicant has to be realistic and stated that the de-watering will be limited to the
necessity of getting the dredging operation started. Mr.Ginsburg stated as far as the time of the year,for de-
watering the applicant needs to have the option of de-watering any time.
Mr. Marrs' other issue concerned the Western Mutual Ditch Company and stated the applicant will have to
have a crossing agreement. Mr. Ginsburg explained some of the dialogue with the Western Mutual Ditch
Company during the previous negotiations.
Mr. McGrane stated that in fact ditches do leak and that is a benefit for everyone. Lining the ditch would
eliminate the leaking and adversely affect the agricultural community. Mr. McGrane state another option
would be to withdraw water from the ditch and then put it back into the ditch to mitigate the depletion.
Mr. Miller stated he was confused to why you have to de-water a pit to float a dredge.
Mr. O'Brien stated the dredge is diesel operated and the applicant feels it would be easier to have a dry site
to move the dredge into and then allow the water to return. Mr. O'Brien stated it allows for the maintenance
and setup. Mr.Obrien also stated it would create the hole that the dredge needs to operate in and in addition
be easier to set up.
Mr. Miller stated that it is convenient to set a dredge in a pit full of water. Mr. Miller stated it is uncommon to
de-water to set a dredge.
Mr. O'Brien stated the client has decided it is the best way for them economically.
Mr.Ginsburg,asked for clarification of the method of putting the dredge in a pit full of water. Mr. Miller stated
that the dredge could be set in the pit with a crane. Mr. Ginsburg stated the applicant needs to look into this
method and then the water problems with the ditch company would be partially solved. Mr. Ginsberg agrees
with Mr. Miller about the dredging.
Mr.Walker asked Don Carroll, Depart of Public Works, if the applicant decided on this haul route and is this
the proper route for this operation. Mr. Carroll stated the traffic study was requested in January and has not
been submitted. Mr. Carroll stated that Public Works evaluates what the applicant is proposing first before
addressing the haul routes.
Ms. Houghtaling, stated the problem Public Works' is having with the application is that there has been no
traffic study submitted and at this time staff does not know exactly where the gravel trucks are going to be
hauling.
Ms.Nicklas asked if the trucks were the applicants trucks. Mr.Ginsberg,stated the applicant owns the trucks.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 24
Ms.Nicklas stated that previously education programs for the trucks to mitigate the compatibility issues of the
haul trucks and the agricultural farm vehicles has been required. Ms. Nicklas asked if that would be
agreeable. Mr. Ginsberg, stated yes it would.
Ms. Nicklas asked the applicant if he was in agreement with the Development Standards and Conditions of
Approval as proposed. Mr. Ginsberg stated yes.
Mr.Walker stated that on staff comments 2.D page 6 he would like to add language to include that a signed
agreement with the ditch company be submitted prior the Board of County Commissioners hearing.
Mr. Walker also stated the lack of information, such as the traffic study, indicates this application is
incomplete.
Ms. Nicklas asked Public Works if there has been any indication of when the traffic study will be submitted.
Ms. Houghtaling deferred to the applicant.
Mr.Ginsberg stated there has been a great deal of preliminary work done on the traffic study and one of the
reasons it has not been submitted is the applicant wanted to see if the permit would be approved. Mr.
Ginsberg stated there will be a traffic study submitted prior to the Board of County Commissioner's hearing.
Mr. Miller addressed the Platteville residents in the audience stating that some day the gravel will have to be
mined because gravel is a valuable resource, used in every aspect of construction. Mr. Miller also stated
gravel mines are a necessary evil associated with expansion, however, this application is unique as to the
length of the time being forty (40) years to mine, and not being phased. Mr. Miller stated the application
should be limited to ten years maximum and with detailed phasing. He also stated the plant site should stay
at one site and not moved all over. Mr. Miller stated the traffic study should have been submitted before the
Planning Commission hearing in order to make an informed decision. He also stated the haul route is a poor
choice. Mr. Miller stated the scale of the operation is too large, and the fact that the applicants refused to
submit a materials evaluation does not allow for judgement on the viability of the quality of the aggregate. He
also went on to say the applicant doesn't appear to have a lot of experience in mining gravel. Mr. Miller's
other concerns, were the agreement with the Western Mutual Ditch Company and no attempt to make any
benefit to the community.
Jack Epple stated he feels uncomfortable with this application. Mr. Epple suggested a permit renewal every
five years. Mr. Epple was concerned with the wells and the compatibility with the agriculture neighborhood.
Ms. Clamp stated the Planning Commission is often put to the difficult tasks of mitigating policies within the
Comprehensive Plan, the preservation of agriculture lands and the other is the extraction of mineral
resources. Ms. Clamp stated another factor being the County has entered into agreements with the
municipalities to honor their right to develop the land around them in ways they wish without regard to what
the County wishes. Ms. Clamp stated based on all of this, it seems the applicant is requesting the Planning
Commission approve a plan o opposed o st to County and the residents surrounding the site. Ms. Clamp stated that she was going orecommend denial.
l.
Mr. Walker talked about the IGA's with Platteville and Milliken. He stated the Platteville IGA has nothing to
do with this application as the application is outside the urban boundary however,the Town of Milliken's IGA
is appropriate. Mr.Walker stated the IGA's do impact private property rights.
Char Davis, Department of Public Health and Environment stated changes and additions. The first addition
is a condition which shall read,"The applicant shall submit evidence from the Colorado Department of Water
Resources,and State Engineers Office that the existing well(s)are appropriately registered for the proposed
use.
Ms. Davis asked that Condition 3.i be replaced to say, "the applicant shall provide evidence to the Weld
County Department of Public Health and Environment that any vehicle washing area will be designed and
constructed to capture all effluent and prevent any discharge from the drum washing and washing of vehicles
in accordance with the rules and regulations of the Colorado Department of Public Health and Environment
and the Water Quality Control Division and the office of the EPA.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 25
Ms. Davis also asked to replace Development Standard 20 to read"Any vehicle washing area shall capture
all effluent and prevent discharges from drum washing and washing of vehicles in accordance with the Weld
County Code, Rules and Regulations of the Colorado Department of Public Health and Environment,Water
Quality Control Commission and the office of the EPA.
Mr.Ogle stated that staff acknowledged that the permit boundary is within the IGA boundaries of the Milliken,
the area to mined is not, it is south of the river. Mr. Ogle also stated on Page 9, Item F the dust abatement
plan can be removed as the plan has been submitted. Mr.Ogle stated that the word"and"was omitted in the
second line of Item B. on page 9.
Michael Miller moved to send Case USR 1306 to the Board of County Commissioners with the Planning
Commissions recommendation for denial.
Cathy Clamp seconded the motion.
Arlan Marrs, yes, reasons previously stated.
Michael Miller,yes, Section 23-2-220.A.2 is not applicable to pre-cast batch plants and in Section 23-2-220.
A.3 is in conflict because it is not compatible with existing land uses, 23-2-220. A.4 is not compatible with
future development in the surrounding areas, and 23-2-220.A.7 that the Conditions of Approval and
Development Standards are not adequate for the protection of the health,safety and welfare of the inhabitants
of the neighborhood and the county.
Jack Epple,yes, there is a compatibility issue. Communication between the applicant and the surrounding
property owners needs to occur.
Cathy Clamp, yes for reasons previously stated.
Stephen Mokray, yes for the same reasons.
Fred Walker,yes due to compatibility and the vote could have changed if the application was more thorough
and dialog between the neighbors and the applicant.
Cristie Nicklas, yes, the application is very incomplete,there was no traffic study,quality of gravel study, and
too many things that the applicant was willing to change and most gravel mines have phasing.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom absent,; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin,
absent; Cathy Clamp,yes; Cristie Nicklas, yes; Fred Walker, yes. Motion passes for denial.
Meeting adjourned at 6:30 p.m.
Res ectfully su itte
Vicki Hamilton
Secretary
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