HomeMy WebLinkAbout20012657 HEARING CERTIFICATION
DOCKET NO. 2001-68
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1346
FOR AN OPEN PIT SAND AND GRAVEL MINING OPERATION, INCLUDING THE
CONVEYANCE OF EXCAVATED SAND AND GRAVEL, IMPORTATION OF SAND AND
GRAVEL MATERIALS, PROCESSING AND SALE IN THE A (AGRICULTURAL) ZONE
DISTRICT -WESTERN MOBILE, INC.
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, Robert Anderson
Health Department representative, Charlotte Davis
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 Western Mobile, Inc., for a Site Specific Development Plan and Use by
Special Review Permit #1346 for an Open Pit Sand and Gravel Mining Operation, including the
conveyance of excavated sand and gravel, importation of sand and gravel materials, processing
and sale in the A (Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this
a matter of record. Robert Anderson,Department of Planning Services,presented a brief summary
of the proposal and entered the favorable recommendation of the Planning Commission into the
record as written. Mr. Anderson gave a brief description of the location of the site and surrounding
uses. He stated eight referral agencies responded with proposed conditions, which have been
addressed by the proposed Conditions of Approval or Development Standards, and one referral
agencies indicated no conflicts. He further stated a corrected Planning Commission Resolution will
be forwarded to the Board of Commissioners to show that John Folsom excused himself from this
hearing and did not vote. Mr. Anderson reviewed the reasons for approval as indicated in the
Planning Commission's Resolution of Recommendation. In response to Chair Geile, Mr.Anderson
stated the mined materials will be taken to the Nelson Pit, and upon his site inspection he found
no violations at the site. Responding to Chair Geile, Don Carroll, Department of Public Works,
stated there is an Improvements Agreement, dated 1981, with Flatiron, which is now LaFarge
Corporation, for the upgrade and maintenance of Weld County Road 3.25. He stated the
Department of Public Works is working with the applicant, which is a subsidiary of LaFarge
Corporation, to evaluate the situation and resolve the problems with the road use and conditions.
He stated the County will share the cost of repairs and overlay work with the applicant to bring the
road up to County standard. Mr. Carroll stated Nelson Pit is located on the north side of Weld
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County Road 16.5. He explained all of the materials from the proposed pit will be transferred
across the road into the Nelson Pit, the materials will be placed on a conveyor leading to the
Cottonwood Pit, and then they will be hauled out on Weld County Road 20.5. He stated this
proposal will not increase the amount of truck traffic on Weld County Road 3.25.
Charlotte Davis, Weld County Department of Public Health and Environment, requested
Development Standard #17 be deleted since it is a duplicate of Development Standard #11.
Responding to Chair Geile, Mr. Carroll stated there is not a Condition of Approval requiring an
Improvements Agreement for 3.25 because the materials for this application will be hauled on Weld
County Road 20.5. In response to Commissioner Jerke, Frank Hempen, Jr., Director of Public
Works, stated there is an existing agreement for the Nelson Pit for Weld County Road 3.25 which
covers maintenance of haul route and final repair once mining is complete. He stated that
agreement still stands and the applicant is working with the County to design the pavement
structure, and set costs and a time line for the improvements to Weld County Road 3.25. He
further stated this is a legal agreement and there are procedures to pursue if LaFarge does not
finalize the road. Mr. Morrison stated the agreement was done in conjunction with the Nelson Pit,
and the current proposal does not require further use of Weld County Road 3.25. He questioned
the relevancy of an agreement being required as part of this application for a road that is not used
in this proposal.
Duane Bollig, Manager for Western Mobile, represented the landowners and reviewed the layout
of the site and surrounding properties. Mr. Bollig stated the Nelson Pit is almost completed, and
the Cottonwood Pit is located 2.5 miles to the north. Mr. Bollig explained the mined materials under
this proposal will be conveyed from the Nelson Pit to the Cottonwood Property for processing and
then hauled by truck from there. He further stated this proposal will be completed in three phases,
which should take approximately three years to complete, including the reclamation. Mr. Bollig
stated the portion of the property designated as Shaw South will be hauled across Weld County
Road 16.5 by truck to the Nelson Pit and then conveyed from there to the Cottonwood Property.
Shaw West and Shaw North will be conveyed directly to the Cottonwood Property, without truck
transport. In response to Chair Geile, Mr. Bollig stated the Nelson Pit operation uses conveyors
and trucks to transport materials,reiterated the Shaw Pit will not increase the number of trucks,and
there will be improvements to the traffic routes in this area. Mr. Bollig stated the use of Weld
County Road 3.25 is limited because the Nelson Pit is almost completed, and based on
neighborhood meetings and concerns expressed by the Planning Commission, the applicant has
committed to upgrading Weld County Road 3.25. He further stated they are still required to do
repairs and reconstruction work as needed for the remaining hauling needs. Responding further
to Chair Geile, Mr. Bollig stated the agreement for Weld County Road 3.25 is not directly related
to this proposal because they will not be hauling on that road; however, they are committed to
following the agreement and leaving the road in good condition. In response to Commissioner
Vaad, Mr. Bollig stated they will use Weld County Road 16.5 for crossing from the south to the
north for the Shaw South portion of the mine. He further stated traffic studies on Weld County
Road 20.5 indicate a majority of the traffic will go east to Weld County Road 7, and then south to
Highway 52 or north to Highway 119. He further stated they have done a new traffic study for the
new operations that will be taking place at the Cottonwood Property,which addresses Weld County
Road 20.5.
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Dustin Ammons, attorney, represented several mineral owners at this site and stated they are
opposed to this application. He stated there has not been adequate time to address the locations
of oil and gas facilities. He stated there is an agreement to relocate some of the future lines;
however, there is one location that has not yet been resolved. He further stated there is no surface
use agreement for the access roads, or exhibits showing flow lines and setbacks. He requested
the matter be continued for 30 days allow all parties involved to address these issues and identify
the various lines.
Dan Casper, RME Petroleum, concurred with the comments of Mr. Ammons and stated he would
like to have an agreement in place prior to approval of this matter. In response to Chair Geile, Mr.
Casper stated his primary concern is with one specific drill site that has not been addressed.
Duane Bollig indicated the location of the unresolved drill site. Mr. Casper requested approval of
this matter be conditional upon execution of an agreement regarding the third drill site. There being
no further discussion, Chair Geile closed public testimony.
David Bailey,attorney,represented the applicant and stated there have been several meetings with
the oil and gas rights holders, and they have tried to work on a Surface Use Agreement prior to
today's hearing, which proved to be difficult. Mr. Bailey submitted copy of a Commitment and
Agreement signed by the landowner which addresses the location of the drill sites and commits to
reimbursing the oil and gas lessee for extra expenses if the well is drilled within the next two years.
He further stated they will negotiate and enter into subsequent agreements for the transmission
lines and access roads. He explained the property owners have committed to the negotiations
indicated in the commitment because the applicant is not able to provide those commitments. In
response to Chair Geile, Mr. Bailey stated he feels the remaining issues can be resolved. Mr.
Morrison stated if a condition is added,the Board needs to specify when they would like the matter
to be addressed (i.e., prior to operation, prior to recording, etc.) Mr. Bailey stated the applicant is
required to enter into a Surface Use Agreement or make a reasonable attempt to address the
concerns. He feels the Commitment and Agreement made by the property owner meets that
requirement and they have also agreed to continue working in good faith to complete any
outstanding items. He stated it would be beneficial if the terms of the commitment were
incorporated into the Resolution, to encourage completion of the matter. Responding to
Commissioner Vaad, Mr. Bailey stated some of the agreeable well locations will require directional
drilling, and the property owner is willing to cover the additional expense.
Mr. Morrison clarified if the applicant comes to an agreement there is not a problem; however, if
the matter cannot be resolved, the Board may be caught in the middle and be forced to make a
determination as to whether a reasonable accommodation has been made. Commissioner Jerke
commented this appears to be more of a civil matter which does not need to have the Board
involved. Mr. Morrison stated it would be beneficial to address the matter now to eliminate the
possibility of being included in a legal suit. In response to Commissioner Jerke, Mr. Morrison stated
a Development Standard could be added requiring an agreement within a set time period.
Commissioner Vaad stated there have been similar situations where this type of question came
back before the Board for a determination. He suggested allowing 30 days for all parties involved
to come to an agreement on any outstanding items and then appear before the Board to present
their conclusion to the matter. Responding to Commissioner Vaad, Mr. Morrison stated if this
matter is approved, the mineral owner and lessee are not deprived of anything and the third drill
site could be resolved as a civil matter, through which the Board may get involved in an appeal.
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Chair Geile called Mr. Bailey, Mr.Ammons, and Mr. Casper back for discussion. Mr. Bailey stated
he would prefer this matter be resolved quickly, so the project can proceed. He indicated some
of the requests from the mineral owners have been unreasonable, and he feels the terms of the
Commitment and Agreement are reasonable. Mr. Ammons stated the owner has been very
cooperative as to covering the directional drilling costs; however, there are still details that need
to be discussed prior to approval of this permit. He stated he is in favor of adding the matter as
a Development Standard to help give instruction. Mr. Casper stated he is confident they will be
able to come to an agreement and a Development Standard will help give direction. He further
stated a letter from Molly Sommerville, attorney for RME Land Corporation, was sent. Mr.
Anderson stated it was not received.
Commissioner Masden suggested approval of this permit be contingent upon receipt of an
agreement within a given deadline. Commissioner Jerke agreed and added thirty days is more
than adequate to resolve the matter. Mr. Anderson recommended adding a new Condition of
Approval #3 to state, "The applicant shall submit to the Weld County Department of Planning
Services, a copy of an agreement with the property mineral owners stipulating the oil and gas
activities have adequately been incorporated into the design of the site. In the absence of such
agreement, a hearing shall be scheduled before the Board of County Commissioners within 30
days to resolve the issue of oil and gas activities on the site." Mr. Morrison suggested the language
be modified to add mineral operators as a party to the agreement. He stated it may be more
appropriate to schedule a date certain, rather than waiting for an agreement and then setting a date
upon receipt of the agreement. He stated if an agreement is received,the hearing can be vacated.
Following discussion, Chair Geile stated an additional hearing on November 14, 2001, at 10:00
a.m., would allow adequate time for the property owner, applicant, and mineral owners/operators
to come to an agreement for oil and gas facilities.
Commissioner Jerke moved to approve the request of Western Mobile, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1346 for an Open Pit Sand and Gravel
Mining Operation, including the conveyance of excavated sand and gravel,importation of sand and
gravel materials, processing and sale in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion also included deleting
Development Standard #17, renumbering the subsequent items, and adding a new Condition of
Approval #3 to state, "The applicant shall submit to the Weld County Department of Planning
Services, a copy of an agreement with the property mineral owners stipulating the oil and gas
activities have adequately been incorporated into the design of the site. In the absence of such
agreement, a hearing shall be held before the Board of County Commissioners on November 14,
2001, at 10:00 a.m., to resolve the issue of oil and gas activities on the site." The motion was
seconded by Commissioner Vaad. Commissioner Jerke stated the comments given by the
applicant regarding the final upgrade of Weld County Road 3.25 were noted and he recommended
the applicant follow through with that promise. Chair Geile commended the applicant's efforts in
working with the surrounding property owner, in an effort to resolve many issues before coming
before the board. There being no further discussion, the hearing was completed at 11:30 a.m.
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This Certification was approved on the 15th day of October 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: nyil 4 i E
,t►� M. J. eile, Chat
Weld County Clerk to tha: + : (*t. (1/42
/ - a "
Glenn Vaad, Pro-l em
BY: Deputy Clerk to the BoaSZ l 1),_/
Will' H. Jerke
TAPE #2001-41
vi . o
DOCKET#2001-68
R bert D. Mas en
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1346 -WESTERN MOBILE, INC.
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 08/07/2001)
D. Clerk to the Board Notice of Hearing
E. Magnum Constructors Letter to Planning (08/09/2001)
F. LaFarge Letter to Public Works re: Repair and
Maintenance of WCR 3.25 (08/15/2001)
G. Greg Balmes Letter of Concern (08/07/2001)
H. Davis, Graham, and Stubbs, LLC Letter from Attorney for HS Resources re:
Notification (08/06/2001)
Applicant Response to Condition of Approval #2
(09/20/2001)
J. Duane Bollig Proof of Ownership of Sand and Gravel
Resources (10/09/2001)
K. Planning Staff Photos of signs posted at site
L. Applicant Commitment and Agreement
M.
N.
O.
P.
Q.
R.
S.
T.
U.
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
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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 Coder)DOCKET#OF HEARING ATTENDING
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