HomeMy WebLinkAbout20221782.tiffHEARING CERTIFICATION
DOCKET NO. 2022-52
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR21-02-1343, FOR WET OPEN PIT MINING AND
MATERIALS PROCESSING AND IN -SITU WATER STORAGE RESERVOIRS TO
INCLUDE A MODIFICATION TO MINING STYLE FROM WET TO OPEN DRY MINING
(SAND, GRAVEL, STONE) AND PROCESSING OF MINERALS, WITH ANCILLARY
OPERATIONS AND EQUIPMENT INCLUDING A READY -MIXED PLANT, A HOT MIX
ASPHALT (HMA) BATCH PLANT, THE EXPORTING OF AGGREGATES, CONCRETE
AND ASPHALT RECYCLING, 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 THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION
23-3-30, UP TO TEN (10) CONEX CONTAINERS FOR STORAGE OF EQUIPMENT AND
MATERIALS FOR PLANT OPERATIONS AND MAINTENANCE OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - READY MIXED CONCRETE COMPANY AND RAPTOR MATERIALS, LLC
A public hearing was conducted on June 29, 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, Jess Reid
County Attorney, Bruce Barker
Department of Planning Services representative, Kim Ogle
Development Review representative, 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 May 23, 2022, and duly published May 25,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Ready
Mixed Concrete Company and Raptor Materials, LLC, for a Site Specific Development Plan and
2nd Major Amended Use by Special Review Permit, 2MJUSR21-02-1343, for wet open pit mining
and materials processing and in -situ water storage reservoirs to include a modification to mining
style from wet to open dry mining (sand, gravel, stone) and processing of minerals, with ancillary
operations and equipment including a Ready -Mixed Plant, a Hot Mix Asphalt (HMA) Batch Plant,
the exporting of aggregates, concrete and asphalt recycling, 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 the number of cargo containers
allowed by Section 23-3-30, up to ten (10) conex containers for storage of equipment and
Gc'•PLerr /Kw/Ko)
¶(13O /22
2022-1782
PL1623
HEARING CERTIFICATION - READY MIXED CONCRETE COMPANY AND RAPTOR
MATERIALS, LLC (2MJUSR21-02-1343)
PAGE 2
materials for plant operations and maintenance outside of subdivisions and historic townsites in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site and stated the site is within the three (3) mile referral area
of the Towns of Firestone, Mead, Platteville and Milliken and within the Coordinated Planning
Agreement area of the City of Fort Lupton and the Towns of Firestone, Mead, Platteville. He
discussed the site designation, according to the surrounding municipalities, the surrounding USRs
and zoning, and relayed there are 29 residences are within one (1) mile of the site with the closest
residence being the adjacent to the Division of Reclamation, Mining and Safety (DRMS)
boundary. He indicated notice was sent to 27 surrounding property owners (SPOs), one (1) email
was received from an SPO voicing concerns regarding the environmental impact of the hot mix
plant, property values and impacts to area roads and relayed the applicant had been in contact
with SPOs. Mr. Ogle outlined the mining plan, including the four (4) stages in which the mine will
progress, two (2) different mining options, dependent on the presence of oil and gas infrastructure,
and the processing plant operation. He summarized comments from referral agencies regarding
traffic, access, annexation and site distance and described the Reclamation Plan, which will take
place concurrently, except for stage 1, which will be reclaimed last. He 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 Moreno, Mr. Ogle clarified the Town
of Firestone's referral comments as they relate to annexation and traffic and indicated Condition
of Approval (COA) #1.B states, "The applicant shall attempt to address the concerns of the Town
of Firestone..."
Lauren Light, Department of Public Health and Environment, stated mining is a temporary
use; therefore, portable toilets and bottled water are acceptable. She indicated noise is restricted
to the industrial noise limit, outlined the required permits and stated Development
Standards (DS) #22-46 address Environmental Health items.
Melissa King, Development Review, stated access will be onto State Highway 66, will be
shared with Raptor Materials, and the intersection will be upgraded, per Colorado Department of
Transportation's (CDOT) requirements. She indicated the applicant proposed a secondary access
point for the maintenance shop, onto County Road (CR) 28, which has an existing, unpermitted
access, and noted there are no proposed changes for the third access onto CR 28, which has an
existing, permitted, commercial access. Ms. King explained there are no current traffic counts for
this portion of CR 28, described the traffic associated with the proposed maintenance shop and
referenced the accepted Traffic Impact Study. She relayed an updated Improvements and Road
Maintenance Agreement is being requested and the site meets drainage detention exception.
e Alex Schatz, Brannan Sand and Gravel Company, LLC, represented the applicant, stated
Brannan Sand and Gravel Company, LLC, is the parent company for Ready Mixed Concrete and
introduced the team of people with him. He provided a PowerPoint presentation (Exhibit E),
explained the company's history and the project location, described the change from wet to open
dry mining, and mentioned the site had been permitted for 15 years. He stated the access that
was recently added is for site -specific purposes only and will not be used as an access for all
traffic. He indicated it will take approximately 16 years to complete mining on the site, reviewed
2022-1782
PL1623
HEARING CERTIFICATION - READY MIXED CONCRETE COMPANY AND RAPTOR
MATERIALS, LLC (2MJUSR21-02-1343)
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the required permits, discussed reclamation, and displayed an image of a different, reclaimed
site. He agreed to Conditions of Approval and Development Standards, as presented and in
response to Commissioner Moreno, confirmed he had been in communication with the
surrounding municipalities and residents.
I John Martini, surrounding property owner, expressed concerns about water, the mine pit
depth in relation to the depth of his wells and indicated the application appeared to be that of a
new land use, not an amendment to the existing permit. He relayed he was thankful the newly
proposed access will not be used as a primary access, expressed concern regarding the increase
in aggregate truck traffic, and mentioned he would like enforceable weight limits on roads and
bridges, possibly by the use of signage and enforcement of the use of specified haul routes.
ID Steve Teets, Greeley resident, relayed concerns regarding traffic and accidents on
State Highway 66.
Chair James questioned the County's ability to enforce weight limits on CRs and County
bridges. Ms. King confirmed the Improvements and Road Maintenance Agreement outlines the
specified haul routes, Commissioner Freeman mentioned weight limits will impact agricultural
equipment, and Mr. Barker confirmed the Board has the legal authority to set weight limits, but as
a separate action from the application hearing.
IE Mr. Schatz again indicated he was in agreement with the Conditions of Approval and
Development Standards and addressed public comment regarding traffic, water, Mr. Martini's
wells.
The Board made no changes to the Conditions of Approval and Development Standards and
Chair James affirmed Mr. Schatz had previously indicated he had reviewed, and on behalf of the
applicant, agreed to abide by, the Conditions of Approval and Development Standards, as
presented.
El Commissioner Saine moved to approve the request of Ready Mixed Concrete Company and
Raptor Materials, LLC, for a Site Specific Development Plan and 2nd Major Amended Use by
Special Review Permit, 2MJUSR21-02-1343, for wet open pit mining and materials processing
and in -situ water storage reservoirs to include a modification to mining style from wet to open dry
mining (sand, gravel, stone) and processing of minerals, with ancillary operations and equipment
including a Ready -Mixed Plant, a Hot Mix Asphalt (HMA) Batch Plant, the exporting of aggregates,
concrete and asphalt recycling, 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 the number of cargo containers allowed by Section 23-3-30, up to
ten (10) conex containers for storage of equipment and materials for plant operations and
maintenance 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 11:58 a.m.
2022-1782
PL1623
HEARING CERTIFICATION - READY MIXED CONCRETE COMPANY AND RAPTOR
MATERIALS, LLC (2MJUSR21-02-1343)
PAGE 4
This Certification was approved on the 13th day of July, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d t t�...�C11D�
ctt K. James, Chair
Weld County Clerk to the Board
Defy Clerk to the `Board
2022-1782
PL1623
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