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HomeMy WebLinkAbout20231972.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Terry Grazing Association JRT Limited Partnership Connell Resources, Inc. Case Number 1 MJUSR23-14-0005 Submitted or Prepared Prior to At Hearing Hearing X 1 SPO J. Neubauer e-mail in Opposition received June 5, 2023 X 2 Sign Planting Image and Affidavit 3 4 5 I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the theduled Planning Commissioners hearing. Kim Ogle Danner From: Jackie N <jneubauer004@gmail.com> Sent: Monday, June 5, 2023 6:04 PM To: Kim Ogle <kogle@weld.gov> Subject: Re: Connell East Pit Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Kim. I've been reading through the application. In several places it refers to the Lone Tree Creek as ephemeral. This is not true. The creek runs year-round. I believe the term is subterranean, where it runs underground in some areas and above in others. Livestock use the creek, there's fish, turtles, ducks, heron, deer and other wildlife dependent on the creek. It can flood with high snow runoff or significant rain, but it does not depend on these sources. There should be a mitigation plan to assure there's no run off or drainage of pit material, or other impact to the creek. It would be detrimental if the creek was impacted. Additionally, has there been any test completed to assure at what level the groundwater is at? Areas of the proposed expansion are a lower grade than the current pit. Any disruption can impact the water table. Sand, stone and gravel act as a natural filter between the surface and underlying waters. When the filter is removed, contaminants can more easily contaminate surface water and groundwater. Page 5, "The proposed Connell Carr Pit Amendment does not present a threat to the health, safety and general welfare of the present and future residents of the County" This is not true. Crystalline Silica, dust, diesel from trucks, trucks speeding (especially through town), noise, the noise level is gauged from the pit, not on the road and does not take into account jake brakes. These are threats to the health, safety and general welfare. There is a high probability of impact on not just the residents of Carr, but the environment and wildlife if the pit moves east. The items noted above, as well as changing landscape, and removal of vegetation and native plants, to name a few. For example, there are bald eagles in the area. They are protected under the Bald and Golden Eagle Protection Act: "In addition to immediate impacts, this definition also covers effects that result from human -induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment." Similarly, birds protected by the Migratory Bird Treaty Act, in Carr. Examples: Meadowlark Oriole Blackbird Grackle Warbler Raven Magpie As well as the Lark Bunting — Colorado State Bird Woodpecker Sapsucker Owl Hawk Heron Hummingbird Merganser EXHIBIT Mtuctu) ,or-opor, 43 My property alone has been certified by the National Wildlife Federation as a Certified Wildlife Habitat. By the North American Butterfly Association as a Certified Butterfly and Monarch Garden. It's currently under review by Audubon Rockies for certification. Traffic has increased over the last year. The pit currently operates M -F, closing around 4 or 5. Traffic levels and impact will affect the area for a greater amount of time if they extend operation hours, Page 2: "Hours of Operation: It is anticipated that operations will be performed from 6:00 AM to 7:00 PM Monday through Saturday." I didn't find anything in the material you sent that speaks to halting operations if there are sustained winds of 30+ mph. I only found this on page 9 of the application: "Operations will be curtailed during high wind periods when watering alone cannot control dust from being blown to adjacent properties." This is vague and open to interpretation. Operations, does that include all operations? Filling trucks from a pile creates as much dust if not more than digging. They don't water down piles. And what about outside of operating hours? What classifies "high wind"? The wind blows more often than not, typically from the North or the West. Any amount of dust and particles will end up in neighboring homes, trees, plants, and creek, polluting the air. It makes no sense to move closer to a large population of residents, and sensitive areas. It makes more sense to move away from it. PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE The last day to post the sign is May 26, 2023 the sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property being considered for a special review is not adjacent to a publicly maintained road right-of-way, the department of planning services shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. I, Kim Ogle, hereby certify under penalties of perjury that the sign was posted on the property at least ten days before the Planning Commissioners hearing and the Board of Commissioners hearing for: Site Specific Development Plan and First Major Amended Use by Special Review Permit, 1MJUSR23-14-0005 for Open Mining (sand, gravel and stone), materials processing, an Asphalt batch plant, employee and equipment parking associated with operations, mine support infrastructure outside of subdivisions and historic townsites in the A (Agricultural) Zone District KIM OGLE Name of Person Posting Sign STATE OF COLORADO COUNTY OF WELD i )ss. Signatur',\o Person Posting Sign The foregoing instrument was subscribed and sworn to me this ' day of 1/4-11fLipsre, , 2023 WITNESS my hand and official seal. A PnicL Notary Public My Commission Expires: KRISTINE RANSLEM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124034827 MY COMMISSION EXPIRES JUNE 05, 2024 EXHIBIT oztra-H - )Cel 2 1 Js F 14. • • .'.—."-i-- fr- ♦ U. • •r y.4 t, ' N • • r J'r •. P0N lc hearings - - V 4 property wild be hoard heave tho County Planning Corr nhsh tjfo t Onti Board of County Coltunisrooneru. Both nnfarinort, will t?u need ar° WELD COUNTY ADMINISTRATION BUILDING 1150 O Street • Greeley, CO 80631 ►Pl inridoq ConIuifrjSion Healing '1dm be held on June. k __2 al 1W Boarr.1 pit County Commisstonet Hearin° will to bald oncc A Jt..) ptitant asry t rtiaac Anociiios r1 its 4-ts:41atuon with JRT Limited Partnership Ct4 Ca'nrart4 ntsWItt•t Inr Site Specific Development Pilau ,ind First Major Amended Liu! by Special Review Pr'rrtllt, tor Open • - an Asphalt to rch J11J�ttt t�i7?ilrflyQdM aint1 u'i�' i�iv nent parking atsociatcrr with opt rationsti rinrw•t% ,'poi inrr'astruccure oiit4Jtle of subdivisions anti fJ horn tray rtsites in the A (Axe icurrural) ionv Distrk ltarr fast Puri Acrd,_ Ml,tidArea 4.. Solt d,rnt't FoR FLiR'rl" n owir-71'iiIrSYArIfw PLEASE CONTAa • 1t al'A F 4PiN3N1.'); ti ycE5; 4A 57+''4‘Jfr3.1letrti. PARTmaut Of - rat akcittabotiM rtli tp VMk! %WM' ��-�,. 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