HomeMy WebLinkAbout992685.tiff HEARING CERTIFICATION
DOCKET NO. 99-66
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1243 FOR AN
OPEN CUT GRAVEL MINING OPERATION IN THE A(AGRICULTURAL)ZONE DISTRICT
- GOLDEN'S ANDESITE MINING COMPANY
A public hearing was conducted on November 3, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 20, 1999, and duly published October 23,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Golden's
Andesite Mining Company, do Paul Gesso, Banks and Gesso, for a Site Specific Development
Plan and Special Review Permit #1243 for an Open Cut Gravel Mining Operation in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Julie Chester, 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. Ms. Chester gave a brief description of the location of the site, as well as the
surrounding land uses, and six of the twelve referrals have responded favorably, with suggested
conditions to address the increased traffic on Highway 85. Mr. Chester stated the Colorado
Department of Transportation (CDOT) has expressed concern regarding adequate turning lanes
for trucks entering onto Highway 85, and although it does not have the authority to require the
applicant to make improvements, it has requested the applicant submit a traffic impact study to
determine if any improvements will be necessary. In response to Commissioner Kirkmeyer, Don
Carroll, Department of Public Works, stated the haul route is identified in the Improvements
Agreement and explained trucks will exit the site onto Weld County Road 8, then go east to
Highway 85. Mr. Carroll further stated the applicant will be required to pave Weld County Road 8
from the entrance of the site to the existing pavement and then place an additional two-inch overlay
on the paved portion to State Highway 85. He stated the traffic count averages 200 vehicles per
day on Weld County Road 8; 80 to 90 percent of which is passenger vehicles and the remainder
is trucks. Mr. Carroll stated long-range plans consist of a future interchange, intermediate plans
include signalization at the intersection, and short-term plans include determining whether the turn
lanes are adequate and doing the necessary work in accordance with the findings of the study.
He stated there are turn lanes onto Highway 85 and a traffic study will determine whether they are
adequate in length, and he added the Highway 85 Plan does not include accident history. In
response to Commissioner Kirkmeyer, Ms. Chester clarified the applicant will be able to operate
24 hours per day, seven days a week to fulfill government contracts; however, normal projects will
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follow the regular hours listed. In response to Commissioner Geile, Mr. Carroll stated
approximately 72 percent of the traffic on Weld County Road 8 will be generated by the applicant.
In response to Commissioner Baxter, Sheble McConnellogue, Weld County Department of Public
Health and Environment, stated Development Standard #12 is standard for gravel mining
operations. Mr. Morrison stated the groundwater monitoring was an issue discussed at the
Planning Commission hearing, and the applicant has submitted a groundwater monitoring plan.
Paul Gesso represented the applicant and stated the applicant has provided a more detailed
landscaping plan, groundwater monitoring plan, and draft improvements agreement, and has met
with the surrounding property owners to address concerns. In response to Commissioner
Kirkmeyer, Mr. Gesso stated the 24-hour operation will be allowed for projects included in
governmental contracts and emergencies, and added the applicant has reviewed and agrees with
the Conditions of Approval and Development Standards. In response to Commissioner Geile, Mr.
Gesso stated the area will be mined in four phases, which will result in two ponds. He further
stated traffic from Weld County Road 8 will go east to highway 85, and the property will remain
enclosed by the existing barbed wire fence. Commissioner Kirkmeyer stated a traffic impact study
needs to be conducted on this portion of Highway 85 because it is currently a dangerous
intersection. Ms.Chester stated Sheri Lockman, Department of Planning Services, met with CDOT
which recommends a study be completed, and added Condition of Approval #2.K requires the
applicant to comply with the requirements of CDOT; however, it can be amended to specifically
require a Traffic Impact Study. In response to Commissioner Kirkmeyer, Mr. Gesso stated the
mineral owners have indicated their only concerns are that the accesses to the wells are
maintained and that there is no landscaping on the islands. He further stated 10 percent of the
operation consists of government contracts. In response to Commissioner Baxter, Mr. Carroll
indicated the location of the two County bridges, which are both legal bridges. He stated the
applicant has been directed not to place additional asphalt on the larger bridge, and the smaller
bridge will be scraped prior to repairing the surface. In response to Commissioner Baxter, Mr.
Gesso stated the trucks will be weighed by a scale at the site to ensure weight limits are not
exceeded. Commissioner Kirkmeyer stated the Intergovernmental Agreement with CDOT requires
a three-quarter intersection at this location. Mr. Carroll stated the applicant can be required to post
a sign at the exit notifying all trucks of the haul route. In response to Chair Hall, Mr. Carroll stated
the haul route is specified in the Improvements Agreement; however, it is not included in the
Conditions of Approval or Development Standards. Ms. Chester suggested Condition of Approval
#2.K be amended to state, "The applicant shall submit a detailed Traffic Study to the Colorado
Department of Transportation to determine the need of additional improvements to the interchange
at Weld County Road 8 and Highway 85. A copy of this study shall be submitted to the
Departments of Public Works and Planning Services." She suggested adding a new Development
Standard #27 to skate, "A sign shall be posted at the entrance of the facility identifying the
designated haul route and no traffic shall proceed west on Weld County Road 8." Mr. Morrison
stated wording for Condition of Approval#2.K needs to indicate the applicant will make necessary
improvements. He explained because this is not a direct highway access, CDOT did not issue an
access permit;therefore, it does not have the authority to enforce improvements at the intersection.
Mr. Gesso requested the applicant be allowed to make occasional trips west of the site if needed.
Chair Hall commented he is willing to accommodate this request. Mr. Carroll stated based on the
amount of traffic allowed to travel west from the site, the applicant may be required to apply a dust
suppressant. Mr. Gesso stated the applicant has no concerns with the requests of CDOT. In
response to Commissioner Vaad, Ms. Chester clarified CDOT has no authority to enforce
improvements as a result of increased traffic because it did not issue a permit. Mr. Gesso stated
the Improvements Agreement should incorporate all requirements of Weld County and CDOT
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under one document. He further stated another mining company has purchased property south
of this site and it would only be fair that they participate in the cost of improvements to the haul
route.
Don Rosenbrock, surrounding property owner, expressed concern with additional traffic heading
west to Weld County Road 23, which already has high traffic amounts. He stated he does not feel
surrounding property owners should be required to help pay for the cost of improvements to the
road. Mr. Rosenbrock referred to the Groundwater Monitoring and Potential Recharge Program,
marked Exhibit I, and stated the applicant should be required to ensure the surrounding wells will
not be affected, rather than providing potable water once it has damaged a well. He stated gravel
truck traffic can be hazardous and the impacts should be addressed prior to approval of this
application. Chair Hall stated the agreements to pay for costs of improving the haul route are
between the local gravel operators, not the local residents. Commissioner Geile stated the
recharge program is in place to provide a temporary water supply while the applicant makes
necessary repairs if a well is damaged.
Mike Leon, surrounding property owner, indicated the location of his property, and stated Weld
County Road 23 and the entrance from Highway 85 are not sufficient for large truck traffic.
In response to Commissioner Kirkmeyer, Mr. Morrison explained State statute requires front range
counties to conduct mineral studies to ensure that in areas where there are commercially viable
minerals, such as sand, gravel and coal the local government cannot take action that will prevent
recovery of resources in the future. He stated this statute does not require the mining operation
to be approved; however, it does prevent development in areas that would prevent the recovery
of commercially viable resources in the future.
Upon rebuttal, Mr. Gesso reiterated the applicant is not proposing that local residents participate
in the cost of road improvements and they are willing to completely restrict traffic to the west. He
stated they are also willing to supply potable water on a temporary basis if a well is damaged until
water supply can be corrected.
Commissioner Kirkmeyer moved to approve the request of Golden's Andesite Mining Company for
a Site Specific Development Plan and Special Review Permit#1243 for an Open Cut 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 with Condition of Approval #2.C being amended to add the phrase "not
limited to" after the word "operation," amend Condition #2.K to state, "The applicant shall submit
a detailed Traffic Study to the Colorado Department of Transportation to determine the need of
additional improvements to the interchange at Weld County Road 8 and Highway 85.A copy of this
study shall be submitted to the Departments of Public Works and Planning Services, and the
applicant shall make necessary improvements as determined by the Traffic Study," and add a new
Development Standard#27 to state, "A sign shall be posted at the entrance of the facility identifying
the designated haul route and no traffic shall proceed west on Weld County Road 8," and
renumber. The motion was seconded by Commissioner Geile. Commissioner Kirkmeyer directed
staff that the Improvements Agreement can allow for limited hauling to sites within a mile west of
the facility on a case-by-case basis and the applicant should be required to provide dust
suppressant in those instances. The motion carried unanimously.
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HEARING CERTIFICATION - GOLDEN'S ANDESITE MINING COMPANY (USR #1243)
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This Certification was approved on the 8th day of November, 1999.
APPROVED:
ATTEST: ' �� E',Las BOARD OF COUNTY COMMISSIONERS
ELD COUNTY C• O ' DO
Weld County Clerk to th :+ :r�l ?� �?�
�ay K. Hall, Chair
BY: W
Deputy Clerk to the B J N'.\\
ri�_ Barbar J. Kirkmeyer, ro-Tem ✓
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992685
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1243 - GOLDEN'S ANDESITE MINING 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 (Minutes 09/21/99)
D. Clerk to the Board Notice of Hearing
E. Mary Chikuma Letter of Support (09/21/99)
F. Jean Robbins Letter of Concern (10/28/99)
G. Planning Staff Proof of posting sign
H. Applicant Landscape Plan Map
I. Applicant Groundwater Monitoring and Potential
Recharge Program
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF NOVEMBER, 1999:
DOCKET#99-64 - EATON COUNTRY CLUB
DOCKET#99-66 - GOLDEN'S ANDESITE MINING COMPANY
PLEASE legibly write or print your name and complete address arid the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
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