HomeMy WebLinkAbout20232711.tiffHEARING CERTIFICATION
DOCKET NO. 2023-61
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0018, FOR OPEN MINING (TOPSOIL) AND EMPLOYEE AND EQUIPMENT
PARKING ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
KORWELL LAND HOLDINGS, LLC
A public hearing was conducted on September 27, 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, Jess Reid
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:
El I hereby certify that pursuant to a notice dated August 15, 2023, and duly published
August 18, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request
of Korwell Land Holdings, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0018, for Open Mining (topsoil) and employee and equipment parking associated
with operations 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 and
provided the general location of the site, which is within the three (3) mile referral area of the City
of Evans and the Town of Gilcrest. He stated notice was sent to eight (8) surrounding property
owners (SPOs), and staff received correspondence regarding the permit, in general, and
concerns regarding air quality and haul routes. He described the surrounding uses and the layout
of the site, and shared, per the Development Review staff, the proposed access is an existing,
unpermitted access, onto County Road (CR) 35, for which the applicant will have to obtain an
Access Permit. He provided the number of truck trips per day, according to the Preliminary Traffic
Study, and indicated all site related traffic would travel north on CR 35, then split to go east or
west on CR 42. He relayed an Improvements and Road Maintenance Agreement is required.
Mr. Ogle explained the mining process, which will be done in four (4) phases and is estimated to
take four (4) to six (6) years to complete, provided the number of employees and described the
Reclamation Plan. He noted 15 referral agencies reviewed the case, four (4) provided comments,
entered the favorable recommendation of the Planning Commission into the record as written,
and displayed images of the site and surrounding views. In response to Commissioner Ross,
Mr. Ogle confirmed a Traffic Impact Study needs to be completed.
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Lauren Light, Department of Public Health and Environment, stated, because Open Mining
is a temporary use, screened, portable toilets and bottled water are acceptable. She reiterated
the site must comply with the industrial noise level, confirmed a Noise Report had been
conducted, and discussed noise mitigation measures. She relayed an Air Pollutant Emissions
Notice (APEN) has been applied for, a water truck may be utilized for dust control, when needed,
and mining and stockpiling will not commence on windy days.
IA Will Charles, Baseline Engineering Corporation, and Craig Rasmuson, property owner,
provided a PowerPoint presentation (Exhibit H) and mentioned using an access, in the northwest
corner, that is currently utilized by an oil and gas company, opposed to creating another access
point. He relayed the revised haul route will direct all traffic north on CR 35, then split to the east
and west at CR 42. In response to Commissioner Buck, Mr. Rasmuson relayed the project will
last anywhere from 18 months to four (4) years, with 30 or less truckloads running, per day.
Responding to Commissioner Ross, Mr. Rasmuson confirmed agricultural production will
commence, post -mining, and noted there is a commercial water well on the property that can be
used for dust control. He reiterated they will not be moving dirt on dry, windy days, and mentioned
all of the surrounding land is in full agriculture production, and he had not received
correspondence from any adjacent SPOs. In response to Commissioner Saine, Ms. Light
explained the Dust Abatement Plan and the process of addressing a dust violation, if warranted.
Rick Krumpeck, SPO, expressed concerns regarding blowing sand and posed questions
about stockpiles and noise. Chair Freeman clarified the applicant will be held to the industrial
noise level, and Ms. Light provided the corresponding industrial noise level numbers. He
questioned what type of dump trucks the applicant would be using and their awareness of the
high pressure gas lines in the area.
IR Rocky Rissler, SPO, referenced the email she submitted (Exhibit D), expressed concern
about underground gas lines and cited a home explosion in Firestone, Colorado, which was
caused by an underground gas line. She questioned the future use of the land, whether the water
is staying with the land, and if soil samples were taken of the dirt, expressing concern about what
chemicals from the dirt might become airborne.
Mr. Rasmuson rebutted public comment and stated soil samples were obtained prior to the
purchase of property and they were acceptable. He asserted there is plenty of water on the
property and he has no firm plans for its future use, but confirmed he will re -vegetate, as it is a
requirement of their permit from the Department of Natural Resources. He stated operations may
start as early 7:00 a.m., relayed they will primarily be using belly dump trucks, noted they will row
as they go, which will create a small amount of stockpiling, but asserted they will spray it with
water to keep the dust down, if necessary. Responding to Commissioner Saine, he explained they
do have an American Land Title Association (ALTA) survey, which shows where the underground
lines are, and reiterated they are sharing an access in the northwest corner of the property, via a
Mutual Access Permit with Chevron Corporation, which will keep their trucks further away from
homes. Lastly, he mentioned there is 16-18 inches of topsoil, and they are only taking 12-14
inches off.
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The Board reviewed the Conditions of Approval and Development Standards, and made no
changes.
In response to Chair Freeman, Mr. Rasmuson indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
c,�--- Commissioner Ross moved to approve the request of Korwell Land Holdings, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0018, for Open Mining
(topsoil) and employee and equipment parking associated with operations 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 James, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:39 a.m.
This Certification was approved on the 11th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diotx4A) C.1jC;vk
Weld County Clerk to the Board
BY: at • wULturt �L
Deputy Clerk to the Board
Mi - eeman, Chair ,..(O,61
Perry. Bu , , Pro-Tem
co K. Jam
D. Ross
on Saine�
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