HomeMy WebLinkAbout20251644.tiffHearing Certification
Docket No. 2025-34
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR25-0007, for Open Mining and Processing of
Minerals (sand and gravel mining) in the A (Agricultural) Zone District —
Jerry and Adam Marcovich, c/o Asphalt Specialties Co., Inc.
A public hearing was conducted on June 18, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem — Excused
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Angela Snyder
Development Review Representative, Mike McRoberts
The following business was transacted:
I hereby certify that pursuant to a Notice dated May 15, 2025, and duly published
May 17, 2025, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jerry and Adam Marcovich, c/o Asphalt Specialties Co., Inc., for Use by Special
Review Permit, USR25-0007, for Open Mining and Processing of Minerals (sand and
gravel mining) in the A (Agricultural) Zone District. Karin McDougal, Deputy County
Attorney, made this a matter of record.
Steve Ward, Asphalt Specialties Company, in response to Chair Buck stated he
agreed with the procedures to follow should this case result in a tie vote due to four (4)
Commissioners being present and Commissioner James being excused.
Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal, sharing the applicant received approval of a DRMS permit to mine an estimated
700,000 tons of aggregate each year for approximately eight (8) years. She described the
sign posting and shared a Notice of Inquiry (NOI) from the City of Fort Lupton, which
expressed a desire for eventual annexation of the property; however, the current owners
do not desire annexation, at this time. She shared the hours of operation will be during
normal daylight hours, and reviewed the Code criteria related to the request. Ms. Snyder
explained 13 surrounding property owners (SPOs) were sent Notice, with no responses
ca. Pi.(te/MN/DA/AS/K2)
.V(o4S/25
2025-1644
PL2963
Hearing Certification (USR25-0007) — Jerry and Adam Marcovich, c/o Asphalt Specialties
Co., Inc.
Page 2
received back. She stated the site is located within the City of Fort Lupton's Future Land
Use Plan, and the City requested a Pre -Annexation Agreement, a Trail Corridor
Easement, and an Improvements Agreement Amendment. She shared the applicant has
applied for a Flood Plain Development Permit, entered the favorable recommendation of
the Planning Commission into the record, as written, and displayed images of the site and
surrounding views.
eMike McRoberts, Department of Planning Services - Development Review, stated
access is on County Road (CR) 8, which is under the jurisdiction of the City of Fort Lupton.
He confirmed the applicant has submitted an updated Traffic Impact Study, which states
the development will not affect the traffic volumes; therefore, no Off -site Road
Improvements are required by the City of Fort Lupton or Colorado Department of
Transportation (CDOT). He shared a Drainage Narrative has been submitted, meeting
the requirements for an accepted storm water detention, and a Grading Permit is required
if more than one (1) acre of land is disturbed for construction outside the gravel mining
area.
In response to Commissioner Maxey, Ms. Snyder confirmed the registered address
is a portion of the subject property, and no comments were received from SPOs.
Mr. McRoberts confirmed the access to be utilized.
El Steve Ward represented the applicant, and in response to Chair Buck, indicated they
had not had contact with any of the Commissioners regarding this case. Mr. Ward
explained the family who resides in the home are part of the applicant's family. He
explained all traffic related to the pit will utilize internal roads of the property, and there
will be almost idle production at the Chaver's Pit, until this mine is reclaimed; therefore,
no increase in traffic is expected on CR 8.
CI Sydney Connor, Lewicki Engineers, presented a PowerPoint slide show (Exhibit E)
which depicted the access easement and the Marcovich Mining Resource location into
Chaver's Pit. She described the proposed operation, with a proposed lifespan of eight (8)
years, and stated the reclamation plans are for the pit to become a water storage pond,
as a satellite pit of the Chaver's Operation. She explained the two (2) phases planned, as
well as the proposed flood structure location and operation, which will aid in protecting
the area from erosion and bank destabilization. She described the potential impact, and
their mitigation strategies related to noise and visual impacts, wildlife, dust, water, and
traffic. She requested the Conditions of Approval regarding the Traffic Study and the
CDOT Access Permit be stricken.
No public testimony was offered concerning this matter.
2025-1644
PL2963
Hearing Certification (USR25-0007) — Jerry and Adam Marcovich, c/o Asphalt Specialties
Co., Inc.
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a In response to Chair Buck, Ms. Connor, on behalf of the applicants, indicated they
have reviewed, and agreed to abide by, Conditions of Approval (COA) and Development
Standards (DS), as presented.
Ms. Snyder requested removal of COA #1.B and #1.C, and Mr. McRoberts requested
removal of COA #6.A. The Board reviewed the balance of the COA and DS and agreed
to all of the aforementioned changes.
El No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
El Commissioner Maxey moved to approve the request of Jerry and Adam Marcovich,
c/o Asphalt Specialties Company, Inc., for Use by Special Review Permit, USR25-0007,
for Open Mining and Processing of Minerals (sand and gravel mining) 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 Ross and it carried unanimously.
Commissioner Maxey thanked the applicants for a thorough application and presentation.
There being no further discussion, the hearing was completed at 10:40 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 2nd day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused Date of Approval
Attest:
Esther E. Gesick, Clerk to the Board
2025-1644
PL2963
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