HomeMy WebLinkAbout20250792.tiffHearing Certification
Docket No. 2025-11.B
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR24-0026, for Open Mining and Processing of
Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District —
CAW Equities, LLC, c/o Ready Mixed Concrete, LLC
A public hearing was conducted on April 23, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Maxwell Nader
The following business was transacted:
Ei I hereby certify that pursuant to a Notice dated February 14, 2025, and duly published
February 19, 2025, in the Greeley Tribune, a public hearing was conducted on March 26,
2025, to consider the request of CAW Equities, LLC, c/o Ready Mixed Concrete, LLC, for
Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals
(aggregate mining and batch plant) in the A (Agricultural) Zone District. At said hearing
the Board continued the matter to April 23, 2025, to allow adequate time to address
potential modification of Condition #1.D, (Pre -Annexation Agreement with the Town of
Gilcrest). Karin McDougal, Deputy County Attorney, made this a matter of record.
IE Maxwell Nader, Department of Planning Services, presented a brief summary of the
proposal, explained the reclamation plan, and mentioned the Division of Reclamation,
Mining, and Safety (DRMS) permit is approved, but not perfected. He outlined the number
of employees, hours of operation, on -site equipment, and the operation's timetable. He
relayed the depth of the deposit is 50-95 feet, which will be mined in multiple stages,
reclamation will begin as each stage is completed, and the mine life is approximately 25
years, with 442 acres being mined. He relayed notice was sent to 50 surrounding property
owners (SPOs), and one (1) letter was received from an SPO, outside of the 500 -foot
buffer, regarding traffic related to the proposed USR and existing mining USRs in the
area. He shared, per the Development Review staff, the main site access will be at the
mid -section line, approximately 270 feet south of mile post 17, on State Highway 60 and
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Hearing Certification USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC
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all other existing access points onto State Highway 60 will be closed and reclaimed. The
existing accesses onto the subject property from County Roads (CRs) 42 and 44 will
remain open for agricultural purposes only, but will be closed and reclaimed as mining
progresses. He stated Development Review is requesting a Road Maintenance
Agreement, and that a Drainage Report, with an exception for stormwater detention, had
been submitted. On behalf of the Department of Public Health and Environment staff, he
relayed portable toilets and potable water are acceptable, as mining is considered a
temporary use. He discussed the wastewater system for the future shop and office, and
explained the noise requirements, dust control measures, and fuel storage requirements.
Mr. Nader displayed images of the site and surrounding views and read the Town of
Gilcrest's referral response, including comments regarding annexation. He entered the
favorable recommendation of the Planning Commission into the record, and responding
to Commissioner Maxey, he described the proposed haul route and the percentage
breakdown of which direction the trucks will go.
le Kyle Regan, Civil Resources, represented the applicant, and in response to
Chair Buck, indicated he had not had contact with any of the Commissioners regarding
this case. He presented a PowerPoint presentation (Exhibit F), which showed the site
access and mentioned there will be no truck traffic on CR 42 or CR 44, and that all truck
traffic will remain on the highway system. He displayed the Mining Plan, the findings of
the Groundwater and Noise Analyses, an image of the proposed berms, and a list of
required permits to obtain prior to operation. He mentioned the DRMS permit is now
perfected, described the Reclamation Plan and outlined the benefits of the mine, including
employment opportunities, the amount of aggregate produced, and the amount of water
storage created. In response to Commissioner Maxey, Mr. Regan explained the status of
the on -site oil and gas wells and there was discussion regarding the presence of the
berms, post reclamation.
Drew Damiano, United Water and Sanitation District, stated they had talked to the
SPOs and discussed mitigation measures with them.
Julie Harding, SPO, stated her home will be surrounded on three (3) sides by the
gravel pit and that she had lived there for 17 years. She asserted there was no community
meeting, she had not received written confirmation that a berm would be utilized, and she
expressed concerns about dust, noise, traffic and her property value. Responding to
Commissioner Maxey, she stated she would like trees to the north, and the berms taken
down after reclamation.
Mike Patridge, SPO, stated he is opposed to the application and shared a PowerPoint
presentation (Exhibit H). He outlined the health risks from the potential dust and water
contamination, as well as concerns about the volume of truck traffic, property devaluation,
visual impact, and noise. He mentioned the number of existing gravel pits in the area and
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Hearing Certification USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC
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conveyed several desired mitigation solutions. Commissioner Maxey noted he would like
stronger language for the Development Standard (DS) related to the Dust Mitigation Plan.
El Steve Notham, Mayor of Gilcrest, stated they are in support of the application if the
Annexation Agreement, as drafted, is followed. He expressed concerns regarding the
future growth of the Town of Gilcrest, due to all the mining operations in the area.
El Dan Dean, Town Administrator for Gilcrest, stated the community is supportive of
private property rights and reiterated they are working with the applicant on an Annexation
Agreement, as well as mitigation for groundwater protection.
Mr. Regan addressed public comment, confirmed the applicant will work with SPOs
on their preferred method of mitigation and relayed the site will not put off light at night,
as it will only operate during the day. He stated they will have to get an Air Pollutant
Emissions Notice (APEN) from the Colorado Department of Public Health and
Environment (CDPHE) and will have to abide by a Fugitive Dust Mitigation Plan. He
explained the groundwater monitoring efforts, and there was a discussion about how the
trucks will get from the site to U.S. Highway 85.
Alex Schatz, Ready Mixed Concrete, LLC, stated they would use CR 44 if they were
hauling the product north; however, most of it is currently going to the Denver market,
and he reiterated they will not be operating at night. Responding to Commissioner James,
Mr. Nader confirmed a Screening Plan can be added to the Resolution when the
Development Standards are addressed, further along in the hearing.
El There was conversation between Dawn Anderson, Department of Planning Services,
and Commissioner Ross regarding the potential haul routes and staff's request
for an Improvements and Road Maintenance Agreement to be added as Condition of
Approval (COA) #1.B. Responding to Commissioner Peppier, Mr. Regan addressed
concerns about the water levels in the area, outlined the plan to mitigate high water levels,
and confirmed for Commissioner Maxey that the processing plant, in the northwest corner
of the subject site, will remain in that same place throughout the duration of mining.
The Board discussed the COA and DS and Mr. Nader referenced a Memorandum
from staff (Exhibit G) and suggested they add COA #1.E (address comments of the Town
of Gilcrest) and COA #1.F (Landscape and Screening Plan). He also suggested the
addition of DS #17 (comply with the Improvements Agreement, if required) and DS #18
(Improvements Agreement may be reviewed annually, if required), as well as DS #10
(Landscape and Screening Plan). Regarding DS #24, Commissioner Maxey suggested
they strike the first sentence, which read, "Fugitive dust should attempt to be confined on
the property," Commissioner James suggested staff add the applicant's contact
information in the Communications Plan, and there was discussion regarding (original)
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Hearing Certification USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC
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DS #24, the permissible noise level; however, it remained as written. The Board agreed
to all of the aforementioned changes.
In response to Commissioner Maxey, Bob Lembke, property owner, discussed their
efforts to mitigate noise and Mr. Regan and Mr. Schatz provided additional information
regarding the noise standard.
In response to Chair Buck, Mr. Regan indicated, on behalf of the applicant, he had
reviewed, and agreed to abide by, the Conditions of Approval and Development
Standards, as amended.
No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
Ei Commissioner Maxey relayed he supports private property rights and stated he
believed the applicant had proposed sufficient mitigation. Commissioner James agreed
with Commissioner Maxey's comments and encouraged the SPOs and staff to work
together regarding the Landscape and Screening.
Commissioner Ross moved to approve the request of CAW Equities, LLC, c/o Ready
Mixed Concrete, LLC, for Use by Special Review Permit, USR24-0026, for Open Mining
and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural)
Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards, as amended.
The motion was seconded by Commissioner James, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:53 a.m.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 7th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0792
PL2948
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