HomeMy WebLinkAbout20000628 HEARING CERTIFICATION
DOCKET NO. 2000-14
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT#897
FOR A SAND AND GRAVEL MINING OPERATION AND CONCRETE AND ASPHALT
BATCH PLANTS IN THE A(AGRICULTURAL) ZONE DISTRICT - CAMAS COLORADO,
INC.
A public hearing was conducted on March 29, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 13,2000,and duly published March 16,2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Camas
Colorado, Inc., do Tuttle Applegate, Inc., for a Site Specific Development Plan and Amended
Special Review Permit #897 for a Sand and Gravel Mining Operation and Concrete and Asphalt
Batch Plants 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. Mr. Ogle gave a brief description of the location of the site and surrounding
uses. He stated the overall permit boundary includes approximately 325 acres, 194 acres of which
will be mined, it is located within the One Hundred Year Flood Plain, and the original Use by
Special Review Permit #897 was approved by the Board of Commissioners in March 1990. Mr.
Ogle reviewed the various amendments to the site, and stated the applicant has reached an
agreement with Families for Responsible Aggregate Mining (FRAM) which has been included in
the file. He explained the current amendment is for an additional 47 acreF., 38 of which will be
mined. The overall Use by Special Review Permit includes 325 acres; however, only 194.40 acres
are currently being mined. Mr. Ogle stated the applicant anticipates mining the site for 13 years
depending on demand, there will be a maximum of 35 employees, gravel and aggregate will be
transported from the mining cells to the processing plant by conveyors, and top soil will be
stockpiled and used for reclamation. Mr. Ogle further stated the haul route will proceed either north
or south on 83rd Avenue, and there will be a temporary access on 71st Avenue during the initial
mining setup which will be closed once mining commences. He stated noise levels will be in
compliance with regulations as set by the Weld County Department of Public Health and
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HEARING CERTIFICATION - CAMAS COLORADO, INC. (AMUSR#897)
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Environment, and all operations will be in compliance with the Mine Safety and Health Act(MSHA)
and the Occupational Safety and Health Act (OSHA). Mr. Ogle stated ten referral agencies
responded with comments, various letters were submitted by surrounding owners expressing
concerns; however, most have been addressed, and he submitted a letter received from Ray
Sears, marked Exhibit J. In response to Commissioner Geile, Mr. Ogle indicated the mining cell
which will be removed from the permit, stated all mining will occur north of the river, and 17 acres
near Orr Subdivision will remain in the permit boundary, but will not be mined. Responding further
to Commissioner Geile, Mr. Ogle stated Condition of Approval#3.D was part of the original permit
and staff suggests the applicant continue to attempt to meet the requests of the Poudre River Trial
Advisory Board. In response to Commissioner Vaad, Mr. Ogle clarified that Weld County Road 27
is also referred to as 83rd Avenue. Chair Kirkmeyer commented Development Standards#10 and
#11 are redundant and should be combined into one.
Shani Eastin, Tuttle Applegate, Inc., represented the applicant and reviewei the original permit
area. Ms. Eastin stated the applicant will be mining an additional 35 acres; however, cell one
located south of the river will be removed from the permit boundary, 17 acres adjacent to the Orr
Minor Subdivision will not be mined, and there will only be one access on 83rd Avenue. Ms. Eastin
explained after cell one is mined, it will be used for washing; and as the other cells are mined, the
material will be transported to the processing plant by conveyors. She stated the Division of
Mineral and Geology is requiring a 75-foot setback from O Street, a 40-foot setback from 83rd and
71st Avenues, and a 125-foot setback from any residence. In response to Commissioner Vaad,
Ms. Eastin stated the cells were renumbered after the cell south of the river was removed, and
added that the lakes will be used for water storage. Ms. Eastin stated the applicant attended
several community meetings to address concerns and issues of the surround ng property owners.
These issues are being addressed with a Dust Abatement Plan, planting anc seeding stockpiles,
reclaiming the site while mining is in process, a flood report, ground water rronitoring, relocation
of drain tiles, limiting truck traffic to one access on 83rd Avenue, an Improvements Agreement,
substantial setbacks from the river corridor, designation of wildlife habitat to the south, and mining
in 32-acre portions at one time. Ms. Eastin stated the site is within the City of Greeley's Urban
Growth Boundary, the City has reviewed the proposal and has no concerns.
Kyle Witteker,Tuttle Applegate, Inc.,indicated which lake will be unlined and require augmentation.
He stated it is approximately 22 surface acres or 65 acre-feet of water, with 30 shares of Jones
Ditch water and five shares of Whitney Ditch water. Mr. Witteker stated the current water court
decree is to create 2,900 acre-feet of lined water storage and 22 acres of unlined water storage
for augmentation.
Wilbur Firestein, surrounding property owner, responded to Commissioner Geile stating the
Sharkstooth Pipeline is a domestic waterline, Camas Colorado owns a tap frori the City of Greeley,
and he indicated the location of the pipeline. Mr. Witteker stated the applicant may use the
Sharkstooth Pipeline as a domestic tap at some point. Responding to Chair Kirkmeyer, Ms. Eastin
reiterated the 17 acres adjacent to the Orr Minor Subdivision will still be a part of the permit, and
added that although there are substantial minerals on the site,there is not enough to prohibit future
development.
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HEARING CERTIFICATION - CAMAS COLORADO, INC. (AMUSR#897)
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Connie Davis, Camas Colorado, Inc., stated this proposal has changed as concerns of the
surrounding property owners have been addressed. Ms. Davis stated the applicant is dedicated
to providing good land use management, supplying both public and private demands, and to being
a good neighbor. She stated the company will continue to cooperate with the surrounding property
owners, and she thanked the Department of Planning Services staff for a jo) well done with this
case.
Ray Sears, surrounding property owner, indicated the location of his property which is mainly used
for pasture land. He stated he has been working with Tuttle Applegate, Inc., and he is not opposed
to the overall proposal; however, he did have some initial concerns regarding flooding and high
ground water. Mr. Sears stated his concerns have been addressed with the exception that he feels
he may still be impacted if there is flooding in the area. However, he added the applicant has
indicated it will be responsive to any damage it may cause to his property. Mr. Sears stated he is
satisfied that if there are problems, Camas Colorado, Inc.,will work with him to get them resolved.
In response to Commissioner Baxter, Mr. Sears stated his concern regarding setbacks has been
addressed by the requirements placed on the applicant by the Division of Minerals and Geology.
In response to Commissioner Kirkmeyer, Ms. Eastin stated the applicant has reviewed and agrees
with the Conditions of Approval and Development Standards. In response to Chair Kirkmeyer, Don
Carroll, Department of Public Works, stated Condition of Approval #3.E regaires evidence of an
improvements agreement because the original agreement was with another company. He stated
the agreement was amended March 10, 1999, to reflect Camas Colorado, Inc., as the current
owner, and he is satisfied with the terms of the new agreement.
Commissioner Hall moved to approve the request of Camas Colorado, Inc., do Tuttle Applegate,
Inc., for a Site Specific Development Plan and Amended Special Review Permit#897 for a Sand
and Gravel Mining Operation and Concrete and Asphalt Batch Plants in the A(Agricultural) Zone
Diistrict, 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
deletion of the first sentence of#3.E requiring evidence of the existing improvements agreement,
and to combine Development Standards #10 and #11. The motion was seconded by
Commissioner Vaad. Mr. Ogle stated staff recommends deleting Development Standard#10. Mr.
Morrison suggested amending Development Standard #10 by adding the phrase, "including the
I.S.D.S. Flood Plain Policy"to the end and renumbering. Commissioners Hall and Vaad amended
the motion as indicated by Mr. Morrison. Commissioner Vaad and Chair Kirkmeyer commended
the applicant and Department of Planning Services for resolving issues with the local community
prior to today's hearing. The motion carried unanimously.
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HEARING CERTIFICATION - CAMAS COLORADO, INC. (AMUSR#897)
PAGE 4
This Certification was approved on the 3rd day of April 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO ORAJO
ATTEST: jaddi ► /I /, �1`IGI,�.�/. _/ I1
rBarbara J. meyer, Chair v
Weld County Clerk to the oar.. yr'iso 0 Qv . J. -,ile, ro-Tem -BY: Deputy Clerk to the B a
€- ae E.E. Baxter,
TAPE #2000-08
Dale K. Hall
DOCKET#2000-14 la''Abt /
Glenn Vaad
2000-0628
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#897 - CAMAS COLORADO, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submilted
B. Planning Commission Resolution of Recommeidation
C. Planning Commission Summary of Hearing (Minutes 02/15/2000)
D. Clerk to the Board Notice of Hearing
E. Tuttle Applegate, Inc. Letter, Mining Plan map, and Reclamation
Plan Map (02/29/2000)
F. Division of Minerals and Geology Letter re: Concerns expressed by referral
agencies and surrounding property owners
G. Planning Staff Agreement with surrounding property
owners (03/15/2000)
H. Applicant Response to Raymond Sears (03/20/2000)
I. Planning Staff Photo of sign posted on site (03/17/2000)
Raymond Sears Letter to Connie Davis, Camas Colorado,
Inc. (02/15/2000)
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P.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF MARCH, 2000:
DOCKET#2000-14 - CAMAS COLORADO, INC.
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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