HomeMy WebLinkAbout20010389 HEARING CERTIFICATION
DOCKET NO. 2001-04
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#877 FOR A GRAVEL MINING OPERATION IN THE A(AGRICULTURAL)ZONE
DISTRICT - CAMAS COLORADO, INC.
A public hearing was conducted on January 31, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Health Department representative, Troy Swain
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 12, 2001, and duly published January 17,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Camas Colorado, Inc., for a Site Specific Development Plan and Amended Use by Special
Review Permit #877 for a Gravel Mining Operation in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of
Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. He gave a brief
description of the location of the site,and stated there are improvements including two single family
dwellings and the batch plant. Mr. Ogle gave a brief description of the surrounding uses, and
stated Use by Special Review Permit #877 was approved on October 28, 1998. He stated the
applicant intends to amend the mining boundary by adding 264 acres for mineral extraction;
however, they propose no changes to the mining methods, or the hours of operation. He further
stated trucks will be used for removing the material from the site, and a conveyor will move gravel
from the mining area to be processed. Mr. Ogle indicated the haul route, and explained the
applicant has entered into three separate improvements agreements, the site will be required to
comply with specified noise levels,there is a complete Reclamation Plan which provides for wildlife
and habitat, and it complies with the long-term planning goals for the City of Longmont. Mr. Ogle
stated several surrounding property owners have submitted letters regarding decreased property
values due to dust and odors. He submitted a photograph of the sign posted at the site, marked
Exhibit F,and a letter of concern, marked Exhibit G,from Ted Cox. Mr. Ogle reviewed the reasons
for approval as indicated in the Planning Commissions' Resolution and the Administrative Review.
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In response to Commissioner Vaad, Mr. Ogle stated F.R.A.M. is an organization which is not
involved with this mining site; however, they did address a different mining operation owned by the
applicant. Responding to Chair Geile, Mr. Morrison stated the 1041 powers exercised by Boulder
County had to do with construction within Boulder County, and unless this proposal triggers the
need for major improvement to the water line in Boulder County, there should be no issue of
concern for Weld County. Chair Geile commented he does not think Weld County should
recognize the action taken by Boulder County through their 1041 powers. Responding to Chair
Geile, Don Carroll, Department of Public Works, stated the main access is from Weld County
Road 20.5, and trucks will go either east or west on Weld County Road 20.5, and then travel north
or south on Weld County Roads 1 or 7. Mr. Carroll stated there is an improvements agreement
in place for the haul route and the Department of Public Works does meet with the applicant
annually to determine if any improvements are necessary. He stated traffic counts indicate
approximately 1,800 vehicles per day on Weld County Road 20.5, and 3,600 vehicles on Weld
County Road 1. Mr. Carroll stated the site is located within the Mixed Use Development (MUD)
area, therefore, the applicant must reserve additional setbacks for future widening of roads
designated in the MUD. He stated the roads will likely be improved once the mining is complete
and the site is developed. Responding further to Chair Geile, Mr. Carroll stated maintenance of
Weld County Road 1 is split with the adjacent County. He further stated once the developer
impacts the road, they will be required to widen the road, and in the MUD there is a typical cross
section for roads, and once the mining is complete and the area is developed, any new roads will
be required to build to that standard or greater if necessary. Responding to Chair Geile, Mr.
Morrison stated there is no specific agreement for construction of Weld County Road 1 with
Boulder County; however, that does not affect this application. In response to Chair Geile, Mr.
Ogle stated the proposal is consistent with the Legacy Project located in this area.
Mike Refer and Connie Davis from Aggregate Industries represented the applicant. Ms. Davis
stated they have addressed most of the issues brought up by staff or referral agencies. She stated
the Reclamation Plan provides enhancements for the area, and they have worked with the City of
Longmont and the St.Vrain Master Plan Committee to designate this area as open space and trial
corridor along the St. Vrain, and ensure the reclamation is consistent with their future goals. Ms.
Davis referred to the comments from Patina Oil and Gas, and stated the applicant has agreed to
meet with Patina to discuss the oil well and pipelines prior to proceeding with mining. Ms. Davis
stated Mr. Cox submitted a letter to the Department of Planning Services and the Division of
Minerals and Geology (DMG). The DMG responded by inspecting the property on two separate
occasions, which did not concur with the concerns listed in Mr. Cox's letters. The DMG has
approved the mining permit, they have agreed to remove prairie dogs in accordance with DMG
recommendations,and the Reclamation Plan will provide a diverse habitat. She further stated,they
met with the property owner to the south who indicated no further concerns with the proposal, and
added there will be no permanent structures in the proposed expansion area. There will be
temporary stockpiles of overburden soil and top soil located parallel to the creek; however,they will
be placed downstream to address the concerns of Mr. Seifert who lives to the south of the Schell
property.
Mr. Refer stated they have centralized the truck traffic to one point since the operation contains
more than two miles of land. The sand and gravel material is conveyed from the Sherwood and
Bigelow to the central location and added the materials have been and will continue to be conveyed
from the various mining sites to the processing plant. He further stated this past fall they improved
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the road from State Highway 52 north along Weld County Road 7 up to Weld County Road 18. Mr.
Refer stated the applicant does maintenance each year with patching or new road overlays, and
added they have worked with the City of Longmont regarding access to a future trail corridor. He
explained 60 acres of the Distel site will be donated to City of Longmont as a river corridor,with the
option of obtaining 120 additional acres in the future. Mr. Refer stated the original Reclamation
Plan indicated six or seven lakes; however, rather than create a series of lakes, the new
Reclamation Plan will create a wetland area by removing berms and creating only one lake at the
end that will overflow into the St. Vrain River.
Responding to Commissioner Jerke, Mr. Refer stated the City of Longmont is working with a
wetlands consultant to do banking, and the applicant will be replacing some of the wetlands which
were disturbed through a 404 permit. He further stated they agree to the setback requirements
from all oil and gas pipelines and wells, and they have been negotiating with Patina Oil and Gas
Company to remove one of their wells which has been out of production to maximize the gravel
extraction on the Longmont property. Responding to Chair Geile, Mr. Ogle stated one of the
Conditions of Approval will require the applicant to resolve the oil and gas issue with Patina prior
to recording the plat. Mr. Refer stated some of the surrounding property owners have expressed
concerns regarding the odor from the asphalt plant,which is approximately one-half mile from their
homes. He stated he contacted the National Asphalt Pavement Association regarding an additive
which masks the odor of asphalt production, and have committed to shut down in February while
they are waiting to get the additive. He stated there will be a trial period to determine whether the
additive is effective, and added they have worked to mitigate noise by using standard power rather
than generators. Mr. Refer stated they have paved the haul route to help reduce dust, noise, and
time spent sprinkling the roads,and they have committed to building a berm between the properties
to reduce any noise from the conveyors. Responding to Commissioner Vaad, Mr. Refer stated he
and Ms. Davis work for Aggregate Industries, which was previously known as Camas Colorado.
He reviewed the various owners, names and merges since the operation started in the early 1990's.
Mr. Refer stated they never operate on both sides of Boulder Creek at the same time,which is why
they use conveyors, rather than relocating the processing plant. Responding to Chair Geile, Mr.
Refer stated the trucks will run during daylight hours, except for maintenance. He further stated
Sinclair Oil did show up prior to business hours; however,since that time,they have posted a notice
that trucks cannot enter until daylight hours, and that has eliminated the problem.
In response to Commissioner Masden, Mr. Carroll stated the standard speed on a County road is
55 m.p.h., and he will have to research why Weld County Road 20.5 is posted at 50 m.p.h. In
response to Chair Geile, Mr. Refer stated the applicant has had one water tap with the Left Hand
Water District since the early 1990's.
Ted Cox, surrounding property owner, indicated the location of his home, and stated the 1046
permit is larger than the map indicates. Mr. Cox stated, as proposed, the three homes in the area
will be completely surrounded, and he expressed concern with health and safety issues caused by
dust, dirt, and noise. He stated the proposal does not comply with the Comprehensive Plan, the
site was inspected by the DMG after it had rained or snowed so there was no evidence of dust, and
the applicant waters the roads every two or three weeks when they should be watering two or three
times daily. Mr. Cox stated he wants to ensure the reclamation process is completed. Responding
to Commissioner Vaad, Mr. Ogle stated the reclamation and time line is covered by the DMG 112
Permit which is issued by the State, and they are the enforcers, as well as the Division of Wildlife
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and the City of Longmont. He further stated the applicant has not been reclaiming the cells as they
are completed. Troy Swain, Weld County Department of Public Health and Environment, stated
the Department received two dust complaints during the past summer, and he inspected the site
on September 28 and October 5,2000, in addition to his routine inspections. He found the site and
equipment to be in compliance with the Fugitive Dust Control Permit, and added he does not
generally record the weather conditions. Mr. Swain reviewed his inspection comments for the
record, and added the odor from the asphalt plant is regulated by the State. Responding further
to Commissioner Vaad, Mr. Swain stated the inspection on September 28, 2000, was scheduled
with the operator; however, his inspection on October 5, 2000,was unannounced. Mr. Cox stated
the DMG responded to one of his letters by stating the reclamation of a site does not have to begin
for five years after the mining process is complete,and if the applicant keeps amending the permit,
the site could potentially remain in its current condition for many years. Mr. Cox stated his home
will be very difficult to sell, and responding to Commissioner Jerke, Mr. Cox stated his property
boundary is adjacent to the mining. He further stated he would be willing to sell his property to the
applicant for a reasonable price. There being no further comments, Chair Geile closed public
testimony.
Mr. Refer indicated the location of the operation in relation to Mr. Cox's home. He stated they are
two or three years behind on the reclamation of certain portions of the permit because they had to
wait for input from the consultants and the City of Longmont for the overall plan for the area. He
stated they now have a finalized Reclamation Plan, therefore, once the Sherwood property is
complete, they will begin reclaiming the site and start the Bigelow area. He stated there will be a
noticeable improvement during the next two years. Mr. Refer stated they permitted the Tull Farms
site in early 1980's, and when they purchased the northwest parcels they felt it would be better to
leave the processing plant in one central location and convey mined material from sites on the
other side of Boulder Creek. Commissioner Vaad commented the letter he referred to earlier was
in reference to a separate case and should not be considered as part of this matter.
In response to Chair Geile, Mr. Refer stated they have reviewed and agree with the Conditions of
Approval and Development Standards.
Commissioner Vaad commented the applicant will be required to make provisions for the health,
safety, and welfare of the neighborhood and he feels the Conditions and Development Standards
will adequately address the concerns. Commissioner Vaad stated there is a need for gravel and
the products produced, therefore, he moved to approve the request of Camas Colorado, Inc., for
a Site Specific Development Plan and Amended Use by Special Review Permit#877 for a Gravel
Mining Operation in the A (Agricultural) Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. The motion was seconded by Commissioner Jerke. Chair
Geile commented the applicant has shown compliance with Section 23-2-230.6 of the Weld County
Code and he supports the motion. Upon a call for the vote, the motion carried unanimously.
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HEARING CERTIFICATION - CAMAS COLORADO, INC. (AMUSR #877)
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This Certification was approved on the 5th day of February 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: fate# ,��'j;► . /sr'! di/1.1
M. J. Geile, Chair
Weld County Clerk t.,ha 4CP 0/I1 ^
7• �� Glenn Vaad Pro-Tern
BY:
Deputy Clerk to the �F ti 'f�f
Wil H. Jerke
TAPE #2001-07 and #2001-06 Fr,
Davi E. ong
DOCKET#2001-04 kir
Robert D. Masden
2001-0389
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#877 - CAMAS COLORADO, 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 01/16/2001)
D. Clerk to the Board Notice of Hearing
E. David Siple Letter (E-Mail) of Concern re: Patina's Oil
and Gas Rights (01/30/2001)
F. Planning Staff Photograph of sign posted at site
G. Planning Staff Letter of Concern from Ted Cox
(01/29/2001)
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