HomeMy WebLinkAbout982281.tiff HEARING CERTIFICATION
DOCKET NO. 98-66
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW
PERMIT #672 FOR A SAND AND GRAVEL MINING OPERATION IN THE
A (AGRICULTURAL)ZONE DISTRICT -COULSON EXCAVATING, %DICK COULSON
A public hearing was conducted on November 23 , 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Anne Best Johnson
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 2, 1998, and duly published November 11,
1998, in the Fort Lupton Press, a public hearing was conducted to consider the request of Coulson
Excavating, % Dick Coulson for a Specific Development Plan and Amended Special Review
Permit #672 for a Sand and Gravel Mining Operation in the A (Agricultural) Zone District. Lee
Morrison,Assistant County Attorney, made this a matter of record. Anne Best Johnson, Department
of Planning Services representative, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. Ms. Johnson
indicated the portions of the permit which are no longer in production and the location of the
proposed operation on the overhead. She stated there was a violation of the Clean Water Act when
the operator blocked the river to re-route it during mining; however, the applicant is working with the
Department of the Army, Corps of Engineers, to resolve the violation. Ms. Johnson referred to the
six concerns from Jacob Kammerzell, surrounding property owner, marked Exhibit E, and suggested
adding Condition of Approval#2.N, marked Exhibit F, to allow the Division of Wildlife, which has not
yet responded, an additional opportunity to address any concerns it may have. In response to
Commissioner Kirkmeyer, Ms. Johnson explained Condition of Approval #2.H is necessary
because the operation was originally permitted to mine in the river; however, the operator blocked
the flow of water causing the violation with the Corps of Engineers which is being resolved. She
further stated Coulson Excavating Company, Inc., has submitted a letter, marked Exhibit G, which
states it is aware of the existing Road Improvements Agreement and is in agreement with it.
Responding to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative,
stated the original Road Improvements Agreement is dated June 24, 1985. The applicant reviewed
the document and made no changes.
Gary Tuttle, TuttleApplegate, Inc., represented the applicant and stated the applicant leases the
property from Al Challenger. He indicated the locations of areas which are no longer in production,
as well as the remaining 66-acres to be mined. He stated there will be 100-foot setbacks from the
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HEARING CERTIFICATION - COULSON EXCAVATING, % DICK COULSON (USR#672)
PAGE 2
river and the operating procedures will remain the same. He further stated they plan to mine for
approximately ten more years and the applicant agrees with the Conditions of Approval and
Development Standards. In response to Mr. Kammerzell's concern regarding the disturbance of
Great Blue Herons in his letter, marked Exhibit E, Mr. Tuttle stated Condition of Approval#2.N is not
necessary because the mining will be taking place north of where the Herons roost. Mr. Tuttle
indicated the river as it is currently located, as well as where it will be re-routed to help prevent
further erosion. He stated the lake has been reclaimed and the fill dirt will be removed within the
next year. In response to Chair Harbert, Mr. Tuttle stated the foundation is located in the portion of
the original permit which is no longer owner by Mr. Challenger. Responding to Commissioner
Kirkmeyer, Mr. Tuttle stated approximately ninety percent of the truck traffic heads west from the site
on Weld County Road 54, and added Mr. Coulson began leasing the property three years ago and
has not been contacted by the Public Works Department regarding the maintenance of Weld County
Road 54. Mr. Carroll explained the Department of Public Works checks haul routes each spring and
notifies the operators of any problem areas, and he is not aware of any problems with the haul route.
Responding to Commissioner Kirkmeyer, Mr. Tuttle stated production will remain the same and will
not increase the amount of truck traffic. He further stated the operation produces approximately
50,000 tons of material per year.
Jacob Kammerzell, surrounding property owner, expressed concern regarding the amount of trees
which have fallen into the river since it was re-routed. He stated the trees will cause hazardous
conditions in the event of a flood and the river's present route is eroding Weld County Road 15.5.
Mr. Kammerzell stated the area around the mining operation is not suitable for a future building site
because it is located within a floodplain. Chair Harbert clarified if the applicant wishes to build in the
area, there are conditions which must be met prior to building in a floodplain.
Mr. Tuttle briefly explained the river will be re-routed through the lake and back into the original
channel, and stated the applicant is willing to drag the fallen trees from the river. In response to
Commissioner Hall, Mr. Tuttle indicated where they will cut a trench into the lake. Mr. Challenger,
owner of the property, reiterated the property with the foundation has been sold and is no longer part
of the operation. He stated the original permit from the Corps of Engineers allowed dredge mining;
however, the new operator changed to dry mining which resulted in creating a new path for the river.
Mr. Challenger stated the secondary channel has always been present and will remain there in case
of flooding. He further stated this amendment is for down-sizing the operation and added he does
not permit hunting on the property which has encouraged wildlife in the area. In response to
Commissioner Kirkmeyer, Mr. Barker stated a Condition of Approval regarding removal of the trees
from the river is not necessary because it may already be included in the reclamation requirements.
Mr. Tuttle indicated it is not required as part of the reclamation process; however, the applicant is
willing to remove them. He further stated the applicant agrees with the Conditions of Approval and
Development Standards with the exception that the addition of Condition of Approval #2.N is not
necessary. Commissioner Hall stated he feels that because the Division of Wildlife did not respond
to the various referral requests sent, they must not have any concerns. Commissioners Kirkmeyer
and Webster expressed similar comments. In response to Commissioner Kirkmeyer, Mr. Barker
explained the terms of the Road Improvements Agreement.
Commissioner Kirkmeyer moved to approve the request of Coulson Excavating, c/0 Dick Coulson
for a Site Specific Development Plan and Amended Special Review Permit #672 for a Sand and
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
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HEARING CERTIFICATION - COULSON EXCAVATING, % DICK COULSON (USR#672)
PAGE 3
Standards as entered into the record with the addition of Condition of Approval #3 to state, "The
applicant shall present to the Department of Planning Services an updated version of the Road
Maintenance and Improvements Agreement for the maintenance of Weld County Road 54, between
Weld County Roads 13 and 15.5, which addressed all concerns of the Weld County Public Works
Department staff and has Coulson Excavating as the contracting party.", moving Development
Standard #18 to follow #20, and renumbering the Development Standards to include #17. The
motion was seconded by Commissioner Webster, and it carried unanimously.
This Certification was approved on the 25th day of November, 1998.
APPROVED:
ATTEST: • BOARD OF COUNTY COMMISSIONERS
c r
:I? %.� WELD COUNTY, COLORADO
Weld County Clerk\ • th- ( P-12��/s •,_f,-f
V i ( ��"' ,� Constance L. Harbert, Lhair
BY:
Deputy Clerk to the lN
. H. ebster, Pro-Tem
TAPE#98-32
u
org . Baxter
DOCKET#98-66
Dale K. Hall
/au o I
Barbara J. Kirkmeyer
982281
PL0583
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF NOVEMBER, 1998:
DOCKET#98-65 - DACOTAH CEMENT
DOCKET#98-66 - COULSON EXCAVATION, % DICK COULSON
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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EXHIBIT INVENTORY CONTROL SHEET
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Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
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