HomeMy WebLinkAbout20251051.tiffHearing Certification
Docket No. 2025-17.B
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR24-0028, for Open Mining (topsoil) in the
A (Agricultural) Zone District — David and Kayleen Hunt
A public hearing was conducted on May 7, 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 Peppier
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
Department of Planning Services, Development Review Representative, Mike McRoberts
The following business was transacted:
I hereby certify that pursuant to a Notice dated March 12, 2025, and duly published
March 14, 2025, in the Greeley Tribune, a public hearing was conducted on April 23,
2025, to consider the request of David and Kayleen Hunt, for Use by Special Review
Permit, USR24-0028, for Open Mining (topsoil) in the A (Agricultural) Zone District. At
said hearing the Board continued the matter to May 7, 2025, to allow adequate time for
additional discussion between the applicant and the Colorado Department of
Transportation (CDOT). Karin McDougal, Deputy County Attorney, made this a matter of
record.
—�-' Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, described the location, and stated 21 referrals were sent out, with 11 referral
agencies responding with no concerns or offering comments that have been addressed
through the Development Standards (DS) and Conditions of Approval (COA), and 13
referral agencies did not respond. She relayed the mine will be known as the Strear Dirt
Mine, currently under the review by the Colorado Division of Reclamation, Mining, and
Safety, under permit number M-2024-037, and is located west of County Road 29, which
is adjacent to the corporate limits of the Town of Gilcrest. She explained the permit
boundary is 295 acres, and 277 acres of topsoil and overburden will be mined with the
material utilized in various reclamation and construction projects, stated the life of the
mine is approximately 14 years, and the hours of operation are Monday through Saturday,
6:00 a.m. to 6:00 p.m., with a crew of one (1) to two (2) members to perform the mining,
cc; PL (DEMN/DA/DA/KR)
05/2W42.5
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Hearing Certification (USR24-0028) — David and Kayleen Hunt
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stockpiling and loading of the trucks. She stated there is currently no fencing or screening
and none is proposed; however, staff is requesting screening from the single-family
dwellings, located east of the site in the Town of Gilcrest, and employees will park in the
mine area. Ms. Aungst shared there are four (4) single family residences, and one (1)
multi -family residence located on the subject property, and a Non -Conforming Use permit
has been submitted for some of these residences. She explained an ingress and egress
for the facility is located on County Road (CR) 40, and a side entrance road will be the
only permanent improvement. She shared referral comments received from the Division
of Water Resources state the permitted wells may not be used to supply water for dust
control, as currently permitted, therefore, the applicant will be required to provide an
approved source of water for dust control. She reviewed the surrounding zoning and uses,
including a total of 34 surrounding property owners (SPOs), 11 of which are properties
within the Town of Gilcrest. She stated Notice was sent to 20 SPOs, with some phone
calls requesting additional information and a couple peopling speaking at the Planning
Commission hearing. She relayed the applicant has stated there is a 150 -foot buffer from
all active wells and the plugged and abandoned wells will be marked and given a 30 -foot
buffer. Additionally, the applicant has submitted a Reclamation Plan and a
Communication Plan, the COAs require a Screening Plan and a Road Improvements
Agreement to ensure safety for the traveling public along U.S. Highway 85, State
Highway 60, and CR 40. Ms. Aungst stated the site is located within the three (3) mile
referral areas, as well as the Coordinated Planning Agreement area of the Towns of
Gilcrest, Milliken, and Platteville. All Notice of Inquiry (NOIs) indicate no interest in
annexation, and the Town of Gilcrest's Growth Management area shows the site as low
density residential. She shared, per the Department of Public Health and Environment,
as mining is considered a temporary use, screened portable toilets and bottled water are
acceptable, noise is limited to the permissible level for the Industrial Zone District, with
measurements taken 25 feet from the property line, a Noise Analysis conducted by Civil
Resources, LLC, concludes a decibel level of 78.3 is anticipated at the lot line nearest the
plant. Additionally, an Air Pollution Emissions Notice (APEN) is required for on -site dust,
a Dust Abatement Plan has been submitted and a water truck will be on -site. Further,
speed limits will be reduced, wind breaks may be installed, and stockpiles will be seeded
if they remain in place for more than one (1) year. She stated the Department of Public
Health and Environment has 14 DS to be adhered to. Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed
images of the site and surrounding views.
Mike McRoberts, Department of Planning Services - Development Review, stated
access is on CR 40, which is a local gravel road, the latest average daily trips counted
240 vehicles per day, with 42% trucks, and the 85th percentile speed is 51 mph. He
shared the traffic information submitted indicates there will be approximately 200 truck
round trips, per day, and one (1) passenger vehicle round trip, per day. He relayed the
Development Review staff is requesting an Improvements and Road Maintenance
Agreement to include dust control, damage repair to specified haul routes, triggered
off -site improvements, and up -front, off -site improvements. He relayed tracking control in
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the form of double cattle guards, with 100 feet of road base, is required. He further stated
a Drainage Narrative has been submitted and a Weld County Grading Permit is required
if more than one (1) acre of land is disturbed outside the mining area. In response to
Commissioner Maxey, Mr. McRoberts confirmed the haul route will exit both east and
west on CR 40, on State Highway 60 haul routes will only be to the north, and on
U.S. Highway 85 traffic will disperse both north and south. In further response to
Commissioner Maxey, Mr. McRoberts stated an Improvement Agreement was entered
into, the applicant requested a dedicated right -turn deceleration lane, and CDOT is
requiring improvements on State Highway 60 and U.S. Highway 85. Ms. Aungst shared
there were some last-minute changes to the draft Resolution, stating COA #2.A is a
duplicate, and she read the remaining corrected paragraphs.
Ei Andy Rodriquez, Civil Resources, represented the applicant and stated they had not
had contact with any of the Commissioners regarding this case. Mr. Rodriquez presented
a PowerPoint slideshow (Exhibit G), relaying the history of the property and location of
the site, which will be reclaimed for cropland and agricultural use. He explained the
Transportation Plan and relayed CDOT has accepted the road design plan and issued a
conditional Access Permit. He shared the applicant is aware of, and agrees to acquire,
the required permits, and explained the mining considerations and how reclamation would
occur. In response to Commissioner Maxey, Mr. Rodriquez confirmed one million tons of
overburden will be removed, 25°/0 of the traffic leaving the site will travel west on CR 40
to State Highway 60, and 75% will travel east and then southbound to U.S. Highway 85.
Mr. Rodriquez also confirmed there will be a 30 -foot buffer for abandoned oil and gas
wells as they excavate down further than 40 feet to bottom.
El Dave Petrocco, Adams/Weld County, neighbor and vegetable grower, stated his
property borders the site south of CR 40, and he explained vegetables are susceptible to
various conditions, including wind, which causes the movement of dust, which could
provide a problem for the vegetables in their last stages of growth. He shared the
applicant has agreed to compensate for any crop loss due to wind or damage from the
operation, and he also expressed his concerns of traffic, and how to mitigate dust blowing
concerns during holidays and Sundays, when there no workers onsite to drive water
trucks. In response to Commissioner James, Mr. Petrocco stated he believes the
applicant is willing to manage and mitigate what he can, and responding to
Commissioner Ross, Mr. Petrocco pointed out the location of his property, and explained
how the crops are rotated. In response to Commissioner Ross, Mr. McRoberts explained
the planned improvements CR 40, in response to negotiations with the applicant. In
response to Commissioner Peppler, Mr. Petrocco agreed the dust from the topsoil itself
is a concern and stated the applicant will have a water truck available. Responding to
Commissioner Maxey, Ms. Aungst stated the Communications Plan will address who to
call if dust blowing needs to be addressed to mitigate any potential damage.
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Hearing Certification (USR24-0028) — David and Kayleen Hunt
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In response to Chair Buck, David Hunt, applicant, indicated they have reviewed the
Conditions of Approval and Development Standards, and Mr. Rodriquez stated they have
some requests.
to The Board reviewed the Conditions of Approval and Development Standards, and
Mr. Rodriguez clarified the name of the dirt mine has been amended to remove "Strear,"
so the site is referred to as Hunt Dirt Mine #2. He also requested removal of the specific
well permit numbers; however, Ms. Aungst explained the summary findings do need to
be amended, but she confirmed a source of water for dust suppression has been
requested by the Division of Water Resources. In response to Commissioner Maxey,
Mr. Rodriguez stated agreement with the list of well permit numbers. Mr. Hunt stated a
plan will be submitted for screening, which Ms. Aungst confirmed is required by
COA #1.F. The Commissioners stated agreement with the amendment to COAs #1.A.2.a
and b. Commissioner James suggested COA #1.B, 1.C, 1.D, and 1.E add "attempt to"
after "shall." Mr. Hunt explained the ownership of CBT water units, which have been
transferred to the previous owner's current property; therefore, he requested to strike
COA #1.F. Commissioner Maxey asked the hours of operation be confirmed from 6:00
a.m. to 6:00 p.m.; however, Mr. Hunt stated water trucks would be run at any time for
mitigation purposes. Commissioner Maxey suggested striking the first sentence of
DS #25, and after discussion among the Board, no change was made. Ms. Aungst
referenced DS #13, and stated the case number should be NCU24-0007.
The Board invited public comment concerning the changes that were made, and
Mr. Petrocco stated his concern over the speed travelled from the site.
Commissioner Ross explained the speed limits are controlled by law enforcement.
El Commissioner Maxey moved to approve the request of David and Kayleen Hunt for
Use by Special Review Permit, USR24-0028, for Open Mining (topsoil) 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.
There being no further discussion, the hearing was completed at 11:27 a.m.
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Hearing Certification (USR24-0028) — David and Kayleen Hunt
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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 21st day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
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