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Home My WebLink About20012919.tiff HEARING CERTIFICATION DOCKET NO. 2001-78 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#921 FOR AN OPEN PIT GRAVEL MINING OPERATION AND ASPHALT BATCH PLANT IN THE A(AGRICULTURAL) ZONE DISTRICT -ASPHALT PAVING COMPANY A public hearing was conducted on October 31, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tern Commissioner William Jerke Commissioner David Long Commissioner Robert Masden Also present: Acting Clerk to the Board, Carol A. Harding County Attorney, Bruce Barker Planning Department representative, Robert Anderson Health Department representative, Char Davis Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated October 12, 2001, and duly published October 17, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Asphalt Paving Company for a Site Specific Development Plan and Amended Use by Special Review Permit #921 for an Open Pit Gravel Mining Operation and Asphalt Batch Plant in the A(Agricultural)Zone District. Bruce Barker,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. He stated the application proposes to alter the original permit in three basic areas: expanding the mining limits by approximately ten acres, temporarily changing the method of mining from wet to dry mining to facilitate the construction of a reservoir, and altering the exposed subsurface area to replace the previously approved two ponds with a single large reservoir. Mr. Anderson gave a brief description of the location of the site and surrounding uses. He stated seventeen referrals were sent,and thirteen referral agencies responded,eleven of which included proposed conditions and recommendations, and two which indicated no conflicts. He further stated the site is not located within any Overlay Districts, nor Road Impact Fee areas. Mr. Anderson stated the Lupton Bottom Ditch currently runs through the center of the property and has two outlets. The proposal will change the mining area and reclamation plan, provide one single reservoir with the ditch flowing in and out, and an additional ten acres west of the reservoir will be mined. Responding to Commissioner Jerke, Mr.Anderson stated the applicant has an agreement with the Lupton Bottom Ditch Company to allow the ditch to run through the reservoir and become a part of the reservoir for a period of time, with measurements being taken going into and coming out of the reservoir. Responding to Chair Geile, Mr. Anderson stated one reason for changing the mining process is to build a slurry wall. ee A N/ ..o`. 2001-2919 U PL0828 HEARING CERTIFICATION -ASPHALT PAVING COMPANY (AM USR#921) PAGE 2 Char Davis, Department of Public Health and Environment, clarified that an updated monitoring plan is required by a Condition of Approval because of the change from a wet mine to a dry mine. Drew Scheltinga, Department of Public Works, explained that when this site and the adjacent sites were originally developed there was a traffic study which looked at both sites and recommended improvements, which were constructed; specifically, a right hand turn onto Weld County Road 6 from U. S. Highway 85, and also acceleration/deceleration lanes on Highway 85. Mr. Scheltinga further explained at that time there was also a recommendation to construct a left hand turn deceleration lane into this site off Weld County Road 6; however, in discussion with the Planning Commission the applicant indicated the original traffic study is wrong, and it was agreed the applicant would submit actual truck trip tickets from their site to illustrate there is not enough traffic generated to justify the left turn lane. Mr. Scheltinga recommended the addition of a Condition of Approval stating that if the warrant of ten or more vehicles making left hand turns into the site in any one hour is met in the future, the applicant will construct that improvement. He stated he discussed the additional Condition of Approval with Alex Schatz, Banks and Gesso, LLC, on October 30, 2001. Responding to Chair Geile, Mr. Anderson stated it could be added as part of Condition of Approval #2.C, or as Condition #2.O; however, upon further discussion, it was determined there might be further problems because of right-of-way acquisition. Mr. Scheltinga stated it would not take a lot of extra space,and any widening could be done on the applicant's site. Responding to Commissioner Masden, Mr. Anderson indicated the location of current mining in relation to the residents of Wattenburg on the map. Alex Schatz, Banks and Gesso, LLC, represented the applicant and stated this is an amendment to an existing mine and a good portion of the mining in the northwest portion of the property has been completed. This has been identified as a mitigation area, there is a buffer zone between the site and Wattenburg, and the amendment is to the middle part of the site for purposes of water storage. He said the updated Water Plan has been submitted to the Department of Public Health and Environment. He also stated he spoke to Mr. Scheltinga regarding the traffic and, in a letter submitted today, (Exhibit J)he details the agreement reached at the Planning Commission hearing that, "in the event that traffic problems do occur on Weld County Road 6 as a result of a high volume of haul traffic turning into the site, the applicant will defer to the recommendations of the original Traffic Study regarding installation of a left turn bay." Mr. Schatz indicated since there is no increase in the mining or production rate, and the proposal will probably extend the life of the site four or six years, there would not be an increase in traffic; therefore, he feels Condition of Approval#3.A already meets the intent of staff. Commissioner Jerke suggested adding the words, "by the applicant" after"shall be completed" in Condition of Approval #3.A for clarification. Responding to Commissioner Jerke, Mr. Schatz indicated the head gate for the ditch is one-half mile upstream and the slurry wall will function as a hydrological barrier; it is offset about 15 feet from the reclaimed edge of the pit and will have to be reviewed by the State Water Engineer. Mr. Schatz also explained the reservoir and the slurry wall will hydrologically be entirely separate in the end. Responding to Commissioner Masden, Mr. Schatz stated the proposed Wattenburg facility is close; however, conveyance across property has not been looked at. Jeff Keller, President of Asphalt Paving Company, stated this is a previously leased property which has now been purchased; an agreement with the ditch company has been reached;and the applicant is changing 2001-2919 PL0828 HEARING CERTIFICATION - ASPHALT PAVING COMPANY (AM USR#921) PAGE 3 to a water storage area. He further stated the slurry wall will go all the way around the outside of the reservoir, and it will not affect the groundwater table in the area since they will continue to mine it wet until the slurry wall is in, then pump it down while maximizing the slope. He also stated the Lupton Bottom Ditch head gate is actually located to the north of this site; however, this is seep water that comes through the slews and adjudicated rights have been obtained by others. Everything going into the reservoir is metered and will go out at the same level. Mr. Keller stated the other option is to take the water as soon as it enters the site, pump it back to the west, create a new Lupton Bottom Ditch that comes along the west border of the property, and goes back and underneath the Weld County Road at the same time, without having an exchange of the water. Responding to Chair Geile, Mr. Scheltinga clarified the warrant to be met in the future would be ten vehicles per hour. No public testimony was offered concerning this matter; however, Mr. Barker read two letters into the record (Exhibits G and H), from individuals who could not return to the hearing this afternoon. In rebuttal to the letters, Mr. Schatz asked that the company be contacted directly if there are problems with after hours operation, gravel on the road,etc. He stated they tried to catch as many people as possible at the Planning Commission hearing with similar complaints to make sure they had a business card with a direct contact for this type of problem. Mr. Keller stated since the original permit was issued there have been major changes in the area; this is a 50-acre site that has been mined since 1954, which probably has seven to ten years left; they have always run a small scaled-down operation and are not in the ready mix business, so there is less dust and noise; and all traffic leaves and goes to U. S. Highway 85 instead of going to Wattenburg, except for local deliveries. He reiterated this is an amendment to an existing use, he is receptive to working with the neighbors, and they have obtained all necessary permits for air, water, pollution, noise, etc. and, therefore, meet all State requirements and the Weld County Code. Mr. Keller stated he concurs with the Conditions of Approval and Development Standards. In discussion among the Board, Commissioner Jerke stated Condition of Approval 2.O is not necessary because of earlier discussion regarding amending Condition of Approval #3.A. Commissioner Vaad moved to approve the request of Asphalt Paving Company for a Site Specific Development Plan and Amended Use by Special Review Permit #921 for an Open Pit Gravel Mining Operation and Asphalt Batch Plant 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, with the addition of the words, "by the applicant"to Condition of Approval#3.A after the words, "shall be completed". The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 4:20 p.m. 2001-2919 PL0828 HEARING CERTIFICATION -ASPHALT PAVING COMPANY (AM USR#921) PAGE 4 This Certification was approved on the 5th day of November 2001. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO ATTEST: 414, La� M. J. eile, Ch ir Weld County Clerk to tnt B1861 O.:-:, .vo ♦ ` t♦� Glenn Vaad, ro-Te i BY: th2 �__ �A1aL:r_, r%rm it1►�_ Deputy Clerk to the I € L L� Willi Jerke TAPE #2001-48 �) vi E. Long DOCKET#2001-78 Robert D. Malden 2001-2919 PL0828 EXHIBIT INVENTORY CONTROL SHEET Case AMUSR#921 -ASPHALT PAVING COMPANY Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes09/04/2001) D. Clerk to the Board Notice of Hearing E. Planning Staff Letter from Applicant re: completion of Conditions prior to BOCC hearing (09/21/2001) Correspondence addressing Conditions of F. Planning Staff approval (10/94/01) G. Paula Stieher I atterof Cnncern (10/31/01) H. [.wen StiPher I attar of Cnnrarn (10/31/01) Planning Staff Nntire (Pncterl) J. Applicant I attar K. L. M. N. O. P. Q. R. S. T. U. I ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001: DOCKET#2001-65 - Colorado Elk Ranch, LLLP DOCKET#2001-76 - Hoskins Construction, c/o David Hoskins DOCKET#2001-77 - James Wrenfrow/Saturn Towing DOCKET#2001-78 -Asphalt Paving Company PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip..)r.1cn�� vl4 Dt t ai4-ti D /aaoe if, ,,,, O h4' 69 3 -Ai-/ 3 7 >a? rt") R) e--CD IJ C oaa_, w,e-, ..,�re>sto.,.._, i S I -s i wa5t,. ,,-y,.,,, .24..,1 ice• ,VoaO Dh04U ?5LiniS ISti LYL 4-10.5- `R621/(,+ua , 6F057-3S --eL'e, c.- -ce. \ lab] 0 . C( eued { A\he . L4& lcrvrl) (o , (bpss 1 pccv A).(9/147 <,/.4. 957//,/,,, 31 4x 1-1- c--,A to sw c /o Nc/slw.`cttui�u) fa �f( 1dC2 "� cb. J2 Cis ED ( �, a^ /J5c��— 16 37'3- /,)C/c 37 /7v��, CD rC�'C� tt L�1� �O� 13o feu-00,w Li(11 t'dva t. ga f,v5 Ji.h X l'ENit,4_2- /2,€ ✓enrGF Si L.en ,t'* Ct socc i i wr/�Man_ ii7,3/3" w' 2914 rT /^ tte. LA,A�2 tom, �sc538/ p �7 Y), , //anti et/ 2 f0.2-a if C c:. ,�i,/� � 11A/ (p l/,,Al/ C, .. 10,72 i Q {�, 1`113 - ,C �r.' // , t9/O _s- ,t- y�/'lYr4 /fP� f' -`/ 1 �%�Ys (/, rTUs`r� -- u lf1p(fe, / ,� �Gli-9r 00 Cak rat GAO it ou0, of 1 (l0 F 004 F4, aApci (1n ,-;21( ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2001: DOCKET#2001-65- Colorado Elk Ranch, LLLP DOCKET#2001-76 - Hoskins Construction, do David Hoskins DOCKET#2001-77 -James Wrenfrow/Saturn Towing DOCKET#2001-78- Asphalt Paving Company PLEASE legibly write or print your name and complete address. 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