HomeMy WebLinkAbout20231112.tiffHEARING CERTIFICATION
DOCKET NO. 2023-27.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0030, FOR OPEN MINING (SAND, GRAVEL, STONE, AND OVERBURDEN)
AND PROCESSING OF MINERALS, INCLUDING THE IMPORT OF MATERIAL FROM,
AND EXPORT OF MATERIAL TO OTHER SITES, A DRYING AND SCREENING
BUILDING AND TWO (2) SILOS, A MINE OFFICE WITH SCALE HOUSE AND SCALE,
A FUELING/LUBRICATING STATION, PORTABLE GENERATORS, MOBILE MINING
EQUIPMENT PARKING AND STORAGE, AND EMPLOYEE AND VENDOR PARKING
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - HS LAND AND CATTLE, LLC,
C/O MONARCH MOUNTAIN MINERALS AND AGGREGATES, LLC
A public hearing was conducted on April 26, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 15, 2023, and duly published
February 17, 2023, in the Greeley Tribune, a public hearing was conducted to consider the
request of HS Land and Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0030, for Open
Mining (sand, gravel, stone, and overburden) and processing of minerals, including the import of
material from, and export of material to other sites, a drying and screening building and two (2)
silos, a mine office with scale house and scale, a fueling/lubricating station, portable generators,
mobile mining equipment parking and storage, and employee and vendor parking outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal,
Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting, explained the site is located within the three (3) mile referral area of
the City of Evans, Towns of Johnstown, Milliken, Platteville and Gilcrest, and is also located within
the Coordinated Planning Agreement areas of the City of Evans, and Towns of Milliken and
Platteville. He relayed the City of Evans' signed Notice of Inquiry (NOI) indicated the site is outside
of the City's 2022 Three (3) Mile Plan and they had no concerns regarding the proposal; however,
if the haul route will cross the City of Evan's maintained roads, properties or easements, the
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2023-1112
PL2866
HEARING CERTIFICATION - HS LAND AND CATTLE, LLC, C/O MONARCH MOUNTAIN
MINERALS AND AGGREGATES, LLC (USR22-0030)
PAGE 2
applicant is required to enter into an agreement with the City. He further explained the Town of
Platteville's NOI indicated the development is outside and north of the Town's Growth Boundary,
and the Town of Milliken did not respond. Mr. Ogle shared, in a letter jointly signed by the Mayors
of the Towns of Gilcrest and Platteville, the proposed gravel mine is located within the Town of
Gilcrest's Coordinated Planning Agreement Area, as depicted in the 2011 Intergovernmental
Agreement with the Town of Platteville, therefore, the Town of Gilcrest submitted the formal
referral response, and stated concerns with the proposed gravel mine, stemming from potential
negative impacts to the South Platte River Corridor, wildlife habitats, 100 -year floodplain and
overall increased traffic generation. He explained staff sent Notice to 52 surrounding property
owners (SPOs) and received one letter from an adjacent property owner to the north of the site,
with concerns about the impacts to area wildlife, including eagles' nests. Mr. Ogle relayed there
are 82 residences within 0.5 mile of the site, described the surrounding zoning, stated multiple
cultural uses are within one (1) mile of the site. He explained the mining development and
procedure, explained the mine operator has been approved for, but not perfected the Colorado
Division of Reclamation Mining Safety permit #M2022-009, for the extraction of sand and gravel,
and stated there will be up to 12 employees onsite during daylight hours, Monday through
Saturday. He described the types of equipment utilized for the project, explained the operation is
estimated to generate up to 250 trips per day, six (6) days a week, and the facility is not open to
the general public. Mr. Ogle relayed the freshwater and siltation ponds will remain active during
the life of the mine. He shared the property boundary contains 13 parcels for a total of 799.5
acres, with 545.9 acres defined for the mining activities.
He shared, per the Development Review staff, access is onto State Highway 60, with an
annual average daily traffic count of 647 vehicles per day with 31% trucks, the 85th percentile
speed is 64 miles per hour, and a Colorado Department of Transportation (CDOT) access permit
is required for the access location, which the applicant has commenced permitting activities. He
stated a Final Traffic Impact Study is to be submitted, County Road (CR) 44, east of State
Highway 60, is a paved, arterial road, which requires 140 feet of right-of-way, and an
Improvements and Road Maintenance Agreement for dust control, damage repairs to specific
haul routes, and possible off -site improvements, will be required, and improvements for
operational traffic will be warranted onto the State Highway 60 and CR 44 intersection. He shared
the applicant submitted an acceptable Drainage Narrative stating the site meets the stormwater
detention area. He relayed, as of today, the applicant does not have an approved CDOT access
permit, CDOT will allow the temporary construction access at CR 44, as auxiliary lanes are not
warranted by the temporary counts, and CDOT will write the temporary permit to include specific
temporary counts which are identified in the study. He further stated CDOT will allow for a 14 -
month timeframe, once said timeframe is complete, the full submittal, including the design of the
northbound turn lane at CR 44, will have to be submitted, along with the long term access permit
application. He shared, should construction occur in the right-of-way, a Right -of -Way Use permit
is required for the project that will excavate the facilities within or encroaching upon County right-
of-way or easement, the County will not replace overlapping easements located within the existing
right-of-way or pave or locate existing utilities within the existing right-of-way. He explained
reclamation will take place concurrently, and use of the property is A (Agricultural), pivot irrigated
cropland and dry -land cropland, located on the bench of the river corridor. Mr. Ogle entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views.
2023-1112
PL2866
HEARING CERTIFICATION - HS LAND AND CATTLE, LLC, C/O MONARCH MOUNTAIN
MINERALS AND AGGREGATES, LLC (USR22-0030)
PAGE 3
Lauren Light, Department of Public Health and Environment, stated mining is considered a
temporary use, thus, portable toilets and bottled water are acceptable for sanitary uses. She
further stated the fuel storage will require compliance with State of Colorado Regulations and a
Spill, Prevention, Control and Countermeasure (SPCC) Plan, depending on the storage tank size,
and the application indicates an Air Pollution Emission Permit (APEN) has been submitted. She
shared noise is restricted to the industrial zone level, which is measured at 25 feet from the
property line, and the applicant has submitted a Noise Report which indicates the noise level can
be met. She relayed staff has no outstanding issues with the application.
El Eric Leigh, applicant, relayed the history of Monarch Mountain Minerals, which is a part of the
Quikrete family of companies. He stated 11 business units are located in Colorado and explained
the intention of the operation being applied for. Mr. Leigh expressed his gratitude to the neighbors
for their input and involvement. In response to Commissioner James, Mr. Leigh confirmed truck
traffic will travel south along State Highway 60.
No public testimony was offered concerning this matter.
The Board reviewed the Conditions of Approval (COA) and Development Standards (DS). In
response to Commissioner Ross, Mr. Leigh confirmed the number of on -site employees listed
does allow the opportunity for growth. The Board accepted the COA and DS as presented.
In response to Chair Freeman, Mr. Leigh indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as presented.
Commissioner James moved to approve the request of HS Land and Cattle, LLC,
c/o Monarch Mountain Minerals and Aggregates, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0030, for Open Mining (sand, gravel, stone, and
overburden) and processing of minerals, including the import of material from, and export of
material to other sites, a drying and screening building and two (2) silos, a mine office with scale
house and scale, a fueling/lubricating station, portable generators, mobile mining equipment
parking and storage, and employee and vendor parking outside of subdivisions and historic
townsites 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
presented. The motion was seconded by Commissioner Buck, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:32 a.m.
2023-1112
PL2866
HEARING CERTIFICATION - HS LAND AND CATTLE, LLC, C/O MONARCH MOUNTAIN
MINERALS AND AGGREGATES, LLC (USR22-0030)
PAGE 4
This Certification was approved on the 10th day of May, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C1&>fM) .Jdo;6k, r I
Weld County Clerk to the Board
BY:
eputy Clerk to the :oard
Mi
an, Chair
Pro-Tem
t K. James
Kevin D. Ross
Lori Saine
2023-1112
PL2866
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