HomeMy WebLinkAbout20220134.tiffHEARING CERTIFICATION
DOCKET NO. 2022-03
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 1MJUSR21-20-0025, FOR OPEN MINING (SAND, GRAVEL AND
STONE) AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
JOEL KONIG / KONIG AG CO., C/O SUPERIOR OILFIELD SERVICES CO., LTD
A public hearing was conducted on January 12, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 9, 2022, and duly published
November 12, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Joel Konig / Konig Ag Co., c/o Superior Oilfield Services Co., LTD, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1 MJUSR21-20-0025, for
Open Mining (sand, gravel and stone) and processing of minerals outside of subdivisions and
historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and described the location of the site. She statedl6 referrals were sent out, seven (7) returned
responses with no concerns or included conditions that have been addressed in the Development
Standards (DS) and Conditions of Approval (COA), and nine (9) did not respond. She relayed the
applicant's request is to add 12.2 acres to the existing mine, approved under USR20-0025, known
as North Star Pit, and operated under Colorado Division of Reclamation, Mining and Safety Permit
#M2012-004. Ms. Aungst stated this is the second amendment issued on DRMS Permit
#M2012-004, she relayed the history of the site, and shared this amendment will add another 12.2
acres for a total of 39.36 acres. She explained the mining process and phases, further described
the equipment utilized, and stated a ten (10) -foot setback will surround the site, except the west
side. Ms. Aungst also explained the reclamation process, the life of the operation, which is
dependent on market demand, relayed there will be two (2) to ten (10) employees onsite,
depending on the level of hauling, and stated the hours of operation are from dusk to dawn. She
described the adjacent lands and the surrounding USRs, and relayed no correspondence was
received back from noticed surrounding property owners (SPOs). Ms. Aungst stated the site has
cc:PLC OAlTP), EI-I(LL) 2022-0134
091931 &a PL2772
HEARING CERTIFICATION - JOEL KONIG / KONIG AG CO., C/O SUPERIOR OILFIELD
SERVICES CO., LTD (1MJUSR21-20-0025)
PAGE 2
an existing permitted access onto County Road (CR) 71 at the intersection with CR 138, which is
an unmaintained right-of-way. She stated CR 71 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires 60 feet of right-of-way, and
this request causes no change in traffic volume or haul routes. She shared a Drainage Narrative
was submitted and the site meets a drainage detention exception. Ms. Aungst entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views.
F Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. Ms. Light explained, since mining is considered a temporary use, the applicant can
utilize screened, portable toilets, dust control consists of water that is brought in from an industrial
well located in Wyoming, and the Air Emissions Permit (APEN) will require updating. She stated
there is routine maintenance of equipment and fluids should be contained and disposed of
properly, so typical dust and waste DS are included. She explained secondary containment is
required for fuel storage, and a Noise Report was submitted, which indicated they meet the
industrial level at the property boundary. She stated the Department of Public Health and
Environment has no outstanding issues with the request.
Jim McFarland, Superior Oilfield Services
reiterated the request is to add on the 12 acre
acreages to prevent impact to the local farmer.
Company, LLC, represented the applicant and
s, explaining they added onto the site in small
F No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. McFarland confirmed operation at night is for
emergency situations only and there is no Lighting Plan at this time. In response to
Commissioner Moreno, regarding COA #1.D (requirements of the State of Colorado Division of
Water Resources), Ms. Aungst agreed "attempt to address" could be added. Mr. McFarland stated
they do have a stormwater runoff. In response to Commissioner Moreno, in regard to
COA #1.E.15 (setback radiuses of existing oil and gas tank batteries and wellheads), Ms. Aungst
explained it is a general comment to insure the applicant stays away from oil and gas tank
batteries, and could be removed. There were no changes or amendments to the Development
Standards. The Board agreed to all of the aforementioned changes.
No public testimony was offered concerning the changes to the Conditions of Approval.
In response to Chair James, Mr. McFarland indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of Joel Konig / Konig Ag Co.,
c/o Superior Oilfield Services Co., LTD, fora Site Specific Development Plan and Major Amended
Use by Special Review Permit, 1MJUSR21-20-0025, for Open Mining (sand, gravel and stone)
and processing of minerals 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
2022-0134
PL2772
HEARING CERTIFICATION - JOEL KONIG / KONIG AG CO., C/O SUPERIOR OILFIELD
SERVICES CO., LTD (1 MJUSR21 ••20-0025)
PAGE3
seconded by Commissioner Buck, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:17 a.m.
This Certification was approved on the 26th day of January, 2022.
BOARD OF COUNTY COMMISSIONERS
, WEL OUNTY, COLORADO
ATTEST: �j ,,t
S . James, Chair
Weld (`ni infv (`Iorlr fn fh Rnnrd
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2022-0134
PL2772
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