HomeMy WebLinkAbout20220405.tiffHEARING CERTIFICATION
DOCKET NO. 2022-16
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 1MJUSR21-76-298, FOR OPEN MINING (SAND, GRAVEL AND
STONE) AND PROCESSING OF MINERALS, IMPORTATION OF AGGREGATE (SAND,
GRAVEL AND STONE) FROM OFF SITE, MINE OFFICE WITH SCALE HOUSE AND
SCALE, A FUELING/LUBRICATING STATION, PORTABLE GENERATORS, MOBILE
MINING EQUIPMENT PARKING, AND STORAGE, AND EMPLOYEE AND VENDOR
PARKING, AND MORE THAN TWO (2) CONEX CONTAINERS FOR STORAGE OF
PRODUCTS AND EQUIPMENT ASSOCIATED WITH OPERATIONS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES, IN THE A (AGRICULTURAL) ZONE
DISTRICT - NORTH WELD GRAVEL, RLLP, C/O C & H AGGREGATE, LLC
A public hearing was conducted on February 9, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck - EXCUSED
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Kim Ogle
Department of Planning Services, Development Review, Melissa King
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 14, 2022, and duly published
December 17, 2022, in the Greeley Tribune, a public hearing was scheduled for February 2, 2022,
to consider the request of North Weld Gravel, RLLP, c/o C & H Aggregate, LLC, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1 MJUSR21-76-298, for
Open Mining (sand, gravel and stone) and processing of minerals, importation of aggregate (sand,
gravel and stone) from off site, mine office with scale house and scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking, and storage, and employee and vendor
parking, and more than two (2) conex containers for storage of products and equipment
associated with operations outside of subdivisions and historic townsites, in the A (Agricultural)
Zone District. The County was closed on February 2, 2022, due to weather and this matter was
posted as rescheduled to February 9, 2022. Bruce Barker, County Attorney, made this a matter
of record.
=' Chair James reviewed the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Buck being excused.
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='! Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the location of the site, and stated the site is located within the three (3) mile referral
areas of the Towns of Pierce and Nunn. Mr. Ogle explained the site is located outside of the
municipal Future Land Use Planning areas and relayed the applicant is proposing to expand the
current North Weld Gravel Pit, also known as the Bellmore Pit, which is 80 acres in area and
permitted by Weld County Special Use Permit, SUP298, to include an additional 442 acres,
approved by the Division of Reclamation, Mining and Safety, Permit #M1976-018. He stated the
expansion will allow the new operator, C & H Aggregate, LLC, to continue providing aggregate
materials, and will be dry mined, using excavators and loaders. Mr. Ogle described the anticipated
mining phases, the size and depth of each phase, and relayed the applicant is anticipating mining
800,000 tons of material per year, with each phase lasting approximately five (5) years, depending
on market demand. He stated no slurry walls or compacted clay liners will be necessary and the
overburden material extends approximately six (6) feet below natural grade. Mr. Ogle stated 18
on -site employees onsite are expected, and the applicant is requesting 24 -hour operations, which
is beyond the Standard Operating Policy as outlined in Section 23-4-290.B of the Weld County
Code. He shared the site is located in a remote area, with two (2) residences nearby. He described
proposed additional equipment and buildings, the types of vehicles which will access the site,
and the surrounding land uses. He stated there are no residents on the site, there are nine (9)
residences within one (1) mile of the site, with the nearest being approximately 560 feet
southwest, adjacent to County Road (CR) 94, and one (1) resident east of CR 39, approximately
3,700 feet from the permit boundary. Mr. Ogle shared 36 Notices were sent to surrounding
property owners (SPOs), and no written correspondence or inquiries were received. He described
the proposed haul routes, stating the Union Pacific Railroad (UPRR) has a track parallel to, and
east of, U.S. Highway 85; however, UPRR did not return a referral response. He shared the
Conditions of Approval (COA) require the applicant to submit an accepted Improvements
Agreement for roads and traffic, and an accepted Colorado Department of Transportation (CDOT)
Access Permit. Mr. Ogle relayed Development Standards (DS) and COA will assist in mitigating
the impacts of the facility to insure compatibility with the sound in the area. He further stated,
following temporary mining disturbances, reclamation will take place concurrently with mining
activities, and shared the current land use of the property is non -irrigated, agricultural lands and
the use of the land will not change following reclamation. He shared 20 referral agencies have
reviewed the case, and eight (8) offered comments, some with specific conditions that are
addressed in the COA and DS. Mr. Ogle entered the favorable recommendation of the Planning
Commission into the record as written and displayed images of the site and surrounding views.
Melissa King, Department of Planning Services, Development Review, stated there are
two (2) permitted, existing accesses: one (1) onto CR 37 and one (1) onto CR 39. She explained
the applicant is proposing traffic for the mining activities only access onto CR 39, with the haul
route heading south to CR 90, and then west to U.S. Highway 85. She shared specifics of CR 39
and CR 94. She shared the latest average traffic on CR 39 counted 704 vehicles per day, with
37% trucks, and the 85th percentile speed is 61 mph. She stated this portion of CR 90 is a paved
collector road that requires 80 feet of right-of-way, the latest average traffic on CR 90 counted
1,340 vehicles per day, with 50% trucks, and the 85th percentile speed is 66 mph. She relayed
the Traffic Impact Study submitted with the application materials indicated there will be 20 round
trips per day of passenger vehicles, and 150 round trips per day of material hauling trucks. She
described the improvements warranted for the haul route based on the mining pit traffic, per the
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Traffic Impact Study conclusion. She shared CDOT has reviewed the Traffic Impact Study and
concurred with its conclusion as they relate to the improvements to the intersection of U.S.
Highway 85 and CR 90. Ms. King stated Development Review is requesting an Improvements
and Road Maintenance Agreement for dust control, damage repairs to specified haul routes,
triggered off -site improvements and up -front, off -site improvements, that may include, but not be
limited to, paving of the road segments on CR 39, north of CR 94 to just north of the site, to meet
Chapter 8 standards. She described further upgrades required per the Traffic Impact Study and
Development Review specifications. Ms. King stated tracking control is required to prevent
tracking from the site onto the public roads, a final Drainage Narrative requesting and justifying
the requested detention exception shall be submitted, and if more than one (1) acre is to be
disturbed for construction of non -gravel pit items, a Weld County Grading Permit will be required.
Lauren Light, Department of Public Health and Environment, stated portable toilets and
bottled water may be used, and the applicant submitted a Waste Handling Plan and adherence
to the plan is required as a DS. She relayed the fuel tank has secondary containment, water will
be applied to the haul roads and the processing equipment, and a Dust Abatement Plan was
submitted, which is also included as a DS. She shared an updated Air Pollution Emissions Notice
(A. P. E.N.) was received from the State, which will address dust control for the mining operation,
internal haul routes and the processing equipment. Ms. Light stated noise is restricted to Industrial
Zone District level and a Noise Modeling Report was submitted, with two (2) scenarios showing
adherence to the Industrial Zone noise level, which is a DS requirement and Environmental Health
has no outstanding issues.
Derek Daniels, C & H Excavation, along with Cliff Simpson, owner of C & H Aggregate,
provided a slide show (Exhibit D) regarding expansion of the existing gravel pit, explained the
expansion area, described the phasing plans, and stated the equipment will remain at the existing
location.
Jared Daines, Applegate Group, further expanded on the phases, the anticipated amount of
800,000 tons per year, the mine life of approximately 20 years, and the plan to reclaim the site as
rangeland. He stated groundwater will be below target resource, described the mine slopes, and
explained the reclaimed slopes will be 24 feet below the surrounding ground surface. He stated
a Noise Study was conducted, which showed less than day and night standard limits in the
Industrial Zone. Mr. Daines relayed the Traffic Study indicated existing traffic on the haul routes
warrants improvements, including an additional northbound, left turn deceleration lane to gain
access from CR 39, as well as several deceleration and acceleration lanes required at various
intersections along the haul route, which are warranted by existing traffic. Mr. Daines stated
additional improvements will include paving a short segment of CR 94 to get to the site, and the
bridge on CR 90, east of U.S. Highway 85 to accommodate the lane widenings.
No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. Simpson confirmed night operations are in
response to spill clean-up request; however, 90 percent of night operations are on location,
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processing material, and it is rare they are on the roads at night. Mr. Simpson stated Special
Permits will be obtained for nighttime operations.
The Board discussed Conditions of Approval, and Mr. Barker suggested Condition #1.A
(Improvements and Road Maintenance Agreement) delineate the specific conditions relayed by
Ms. King, remove second and third sentences, and modify the sentence to read: "The agreements
shall include provisions addressing dust control, damage repairs to specified haul routes,
triggered off -site improvements and up -front off -site improvements. This shall include, but is not
limited to...." followed by the bullet points as taken from Ms. Wright's email. In response to
Commissioner Freeman, Ms. King explained there are warranted agreements, based on historical
traffic at the intersection of CR 90 and CR 39, which are amenable to a proportionate share which
would not include design, utility relocation or right-of-way acquisition, which would be part of the
negotiations for the shared percentage, including an additional 300 vehicles per day. In response
to Commissioner Freeman, Ms. King confirmed the bridge at CR 90 and CR 85 is considered
suitable for current traffic; however, the intersection improvements for the intersection of CR 90
and CR 85 are dictated by CDOT, and staff would review the intersections for proportional shares
with CDOT.
The Board continued discussion of the Conditions of Approval and Development Standards.
In response to Commissioner Freeman, Mr. Ogle explained the expectation for COA #1.F
(Communication Plan). Commissioner Freeman requested clarification of DS #6. Mr. Simpson
requested verification of how much time is required to notify for the Communication Plan and
Mr. Ogle stated a State contract would be pre -delivered to the Director of Planning Services, and
in the event of an emergency, the applicant would notify the Director of Planning Services, via
email, as soon as possible. Mr. Ogle provided proposed language for DS #6 to read "Mining and
hauling shall be permitted during daylight hours only... . When the permitted hauling operations
are occurring at night..."
Joe Henderson, Sustainable Traffic Solutions, stated this project does not contribute to the
southbound traffic at the CR 39 and CR 90 intersection, and he described the additional roads
which are part of the haul route. Mr. Barker stated the Road Maintenance Agreement needs to
address the specified sites. In response to calculation suggestions from Mr. Henderson,
Commissioner Freeman confirmed the specific details will be drafted with Department of Public
Works' staff. Mr. Simpson clarified this is an operating mine, and the requested expansion will
increase the operation by 20%. He stated the process has taken longer than anticipated, and they
would like to continue current operations while working on the Road Maintenance Agreement and
the road improvements. Mr. Barker explained they would potentially be in violation if they operate
outside the boundaries of the current USR prior to this amendment being completed and
recorded, but it is understood, they are in the process of perfecting the process of the amendment.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner Freeman moved to approve the request of North Weld Gravel, RLLP,
c/o C & H Aggregate, LLC, for a Site Specific Development Plan and Major Amended Use by
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Special Review Permit, 1MJUSR21-76-298, for Open Mining (sand, gravel and stone) and
processing of minerals, importation of aggregate (sand, gravel and stone) from off site, mine office
with scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking, and storage, and employee and vendor parking, and more than two (2) conex
containers for storage of products and equipment 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 amended. The motion was seconded by Commissioner Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:51 a.m.
This Certification was approved on the 23rd day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
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Scott K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
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