HomeMy WebLinkAbout20243013.tiffHEARING CERTIFICATION
DOCKET NO. 2024-61
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0016, FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING OF
MINERALS, INCLUDING THE IMPORT AND EXPORT OF MATERIALS TO/FROM
OTHER SITES, RECYCLE CRUSHING AREA, DRY AND WET SCREENS,
CRUSHERS, CONVEYORS AND STACKER, PORTABLE GENERATORS, MOBILE
MINING EQUIPMENT PARKING AND STORAGE, EMPLOYEE AND VENDOR
PARKING, A MINE OFFICE/SCALE HOUSE, AND SCALE, IN THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT - SUNSET INDUSTRIAL, LLC
A public hearing was conducted on November 20, 2024, at 10:00 a.m., with the following
present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine - ABSENT
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
IEJ Chair Ross reviewed the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Saine being absent.
El I hereby certify that pursuant to a notice dated October 21, 2024, and duly published
October 23, 2024, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sunset Industrial, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR24-0016, for Open Mining (sand and gravel) and processing of minerals,
including the import and export of materials to/from other sites, recycle crushing area, dry and
wet screens, crushers, conveyors and stacker, portable generators, mobile mining equipment
parking and storage, employee and vendor parking, a mine office/scale house, and scale, in the
1-3 (Heavy Industrial) Zone District. Karin McDougal, Deputy County Attorney, made this a
matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, explained the USR is for open mining in an Industrial Zone District, and described the
sign posting and location of the site. She relayed 32 referrals were sent out, and 13 agencies
responded with no concerns or included issues addressed in the Conditions of Approval (COA)
or Development Standards (DS). She stated the principal intended use of the mined material is
for road base and construction aggregates, which will be known as the Sunset Industrial Pit, and
c •. FL (0E/ +/ER/4A/1'►W/KR) 2024-3013
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HEARING CERTIFICATION - SUNSET INDUSTRIAL, LLC (USR24-0016)
PAGE 2
being reviewed by the Colorado Division of Reclamation, Mining, and Safety (DRMS), Permit
number M2023-001. Ms. Aungst shared the site is west of, and adjacent to, the Greeley Weld
County Airport, with the southern half within the 100 year floodplain. She explained, in 2022, the
County Commissioners approved a Change of Zone (COZ) to correct the split zoning, by zoning
the entire site to 1-3 Heavy Industrial, and in 2024, a Resubdivision (RES24-0001) was
approved, vacating the ROW. She stated there are four (4) single family residences located on
the site, and all but one (1) will be demolished, with the remaining structure used as the
caretaker's residence. She stated this USR is for mining operations only, and the concrete and
batch plants will be permitted via a Site Plan Review. She described the mine operations and
area of said operation, stating a slurry wall will be constructed around the operation, and mining
will not expose groundwater prior to the slurry wall being constructed, with a life span of 12
years from commencement to total reclamation. She explained the mining will occur in two (2)
phases, with Phase 1 being 53 acres and Phase 2 approximately eight (8) acres, with one
phase being actively mined at a time, and a total of 650,000 tons per year of production, with a
maximum of one (1) million tons. She described the closest residences, and stated screening
will be opaque fencing. She reviewed the Traffic Impact Study, with a maximum of 60
employees on the site and approximately five (5) visitors per week, with daylight operating hours
and occasional nighttime operations, and shared the mine will be reclaimed as two (2) lined,
water storage reservoirs. She explained the Greeley/Weld County Airport, being in the process
of becoming a commercial airport, has applied to obtain a Part 139 certification and stated the
proximity of the gravel pit will not prohibit the airport from obtaining their certification. Ms. Aungst
also shared an aeronautical study for both the concrete and asphalt batch plants was performed
with no hazard to air navigation determined; however, dust, light pollution, and wildlife do pose
hazards to pilots and aircraft, and the Airport and Federal Aviation Administration (FAA) both
stated there shall be strict compliance with the dust control plan, lights should be shielded, and
a wildlife hazard management plan shall be developed. She described the surrounding uses
and explained 80 notices were sent to surrounding property owners (SPOs), with one (1) letter
of concern received back, and the applicant responded to the SPO's concerns. She shared
Reclamation and Communication plans have been submitted and a screening plan and road
improvements to East 8th Street are required. She stated COA and DS for dust, light, and
wildlife are included, which will mitigate the impact and ensure compatibility with the surrounding
region. She relayed the site is located within the three (3) mile referral area of the Towns of
Kersey and Garden City, and the Cities of Evans and Greeley. She shared the City of Greeley
expressed concerns regarding the haul route, requested a roadway maintenance agreement,
and had questions regarding the Ogilvy Ditch. She shared, per the Development Review staff, a
new access is proposed on East 8th Street, directly north of an existing access, and is under the
jurisdiction of the City of Greeley. She stated a preliminary Traffic Impact Study has been
submitted and reviewed, with a final study required. She said an Improvements Agreement is
required and a Final Drainage Report was accepted. Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views.
E. Lauren Light, Department of Public Health and Environment, stated since this is considered
a temporary use, portable toilets are acceptable, and the caretaker residence is serviced by the
North Weld Water District and is sized for three (3) bedrooms. She reviewed the noise
restriction and confirmed the results of the Noise Modeling Report. She stated a water truck will
be utilized for dust abatement, a well permit approved by the state is required prior to ground
2024-3013
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HEARING CERTIFICATION - SUNSET INDUSTRIAL, LLC (USR24-0016)
PAGE 3
water being exposed, and an Air Emissions Permit (APEN) is required. Ms. Light explained
there will be a 1,000 -gallon fuel storage tank onsite, with secondary containment, and a Spill
Prevention Control and Countermeasure Plan will be provided. She stated the department has
19 DS to be adhered to.
Ei In response to Commissioner James, Ms. Aungst explained the code requirements of a
USR in an Industrial Zone, which includes mining.
J.C. York, J&T Consulting, Inc., represented the applicant, and in response to Chair Ross,
indicated they had not had contact with any of the Commissioners regarding this case. Mr. York
explained the state permit was received, in April 2023, from the DRMS, to mine approximately
84.47 acres, beginning in Phase 1, moving from east to west, and magnesium chloride will be
utilized to maintain dust. He described the location and surrounding uses, narrated a depiction
of separate surrounding facilities, and provided an overview of the operations, and the
Reclamation Plan. He described and depicted Phase 2, reiterated the roadway traffic and how
they are working with the City of Greeley and the Colorado Department of Transportation
(CDOT), stated the screening will be metal fencing, and explained the noise analysis for both
phases, along with the lighting plan, and dust control. Mr. York stated there will be no impacts to
surrounding wells, they will monitor the well located across the street, no wetlands will be
impacted, an Air Pollution Emissions Notice (APEN) will be obtained, and the FAA has
determination there will be no hazard to air navigation.
El No public testimony was offered concerning this matter.
In response to Chair Ross, Mr. York indicated they have reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as presented.
eThe Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
le Commissioner Buck moved to approve the request of Sunset Industrial, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR24-0016, for Open Mining
(sand and gravel) and processing of minerals, including the import and export of materials
to/from other sites, recycle crushing area, dry and wet screens, crushers, conveyors and
stacker, portable generators, mobile mining equipment parking and storage, employee and
vendor parking, a mine office/scale house, and scale, in the 1-3 (Heavy Industrial) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as presented. The motion was seconded
by Commissioner Freeman, and it carried 4-0, with Commissioner Saine being absent. There
being no further discussion, the hearing was completed at 11:37 a.m.
2024-3013
PL2921
HEARING CERTIFICATION - SUNSET INDUSTRIAL, LLC (USR24-0016)
PAGE 4
This Certification was approved on the 9th day of December, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CO COL RADO
ATTEST: .A•, j Gt , ii.„:
Weld County Clerk to the Board
BY: Ci 1\ , 'iu O Uc..
Deputy Clerk to the Board
Date of signature:
erry L. B ,' k, Pro-Tem
EXCUSED DATE OF APPROVAL
Mike Freeman
Scoitic. James
ABSENT
Lori Saine
2024-3013
PL2921
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