HomeMy WebLinkAbout20220365.tiffHEARING CERTIFICATION
DOCKET NO. 202208
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0019, FOR OPEN MINING (SOILS) AND PROCESSING OF MINERALS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT — DAVID AND KAYLEEN HUNT
A public hearing was conducted on January 26, 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, Michael Hall
Department of Public Works 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 December 14, 2021, and duly published
December 17, 2021, in the Greeley Tribune, a public hearing was conducted to consider the
request of David and Kayleen Hunt, for a Site Specific Development Plan and Use by Special
Review Permit, USR21-0019, for Open Mining (soils) and processing of minerals outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
stated the dry mine will produce topsoil and overburden materials for sale, to be used primarily
for reclamation efforts by the oil and gas industry, and added the mining site is permitted under
the Colorado Division of Reclamation, Mining and Safety (DRMS) permit, #M2021-030. He
mentioned the lands will be in a period of fallow throughout mining, there are four (4) phases of
sequential mining expected, with concurrent reclamation, if possible, and 100 acres of the
150 -acres site will be mined. He relayed there are approximately 500,000 tons to be excavated,
which will take between 4 and 5 years, and after the temporary mining use the land will be fully
reclaimed for agriculture. He detailed the hours of operation and number of employees, noted
bottled water and portable toilets will be utilized, and stated access is on County Road (CR) 40.
He described the on -site drainage and fence, mentioned no groundwater will be exposed or
affected and indicated the Department of Planning Services sent notice to six (6) surrounding
property owners. No written correspondence was received; however, as a result of the sign
posting, one (1) phone call was received regarding concerns about dust, traffic and the potential
for roadway damage. Mr. Hall stated the site is located within the Town of Gilcrest's
Intergovernmental Agreement and the Town of Platteville's Coordinated Planning Agreement
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HEARING CERTIFICATION - DAVID AND KAYLEEN HUNT (USR21-0019)
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(CPA) boundaries and is within the three (3) mile referral radius of the Towns of Gilcrest and
Platteville. He described the surrounding zoning, USRs, and nearest residences, entered the
favorable recommendation of the Planning Commission into the record as written, and displayed
images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, indicated mining is considered
a temporary use, therefore, portable toilets and bottled water are acceptable. She stated water
will be used for dust control; however, per the State, the adjacent wells located on the feedlot
cannot be used for dust control. She relayed an Air Pollutant Emissions Notice (APEN) will be
required, the site will be held to the industrial noise standard, referenced the submitted Noise
Report, and she requested the last sentence of Development Standard (DS) #20 be deleted.
Melissa King, Development Review, stated the parcels have existing, permitted, agricultural
accesses, which will require Access Permits for the new land use. She referenced the Traffic
Impact Study, described the daily roundtrips and routes associated with the site, and indicated
the applicant had been working with the Colorado Department of Transportation (CDOT),
regarding upgrades to the intersection of U.S. Highway 85 and CR 40. She noted the applicant
will use three (3) interim haul routes until the upgrade is completed and relayed a Final Traffic
Impact Study must be submitted, post upgrade. She stated the Department of Public Works is
requiring an Improvements and Road Maintenance Agreement and tracking control, and outlined
the drainage and grading requirements. In response to Chair James, Ms. King confirmed the haul
routes are addressed in the Final Traffic Impact Study, which is required by Condition of Approval
(COA) #1.E.
Andy Rodriguez, Civil Resources, represented the applicant and provided a PowerPoint
presentation (Exhibit D), which outlined the project location and description, existing site
conditions, history of Hunt Farms, required permits, Mining and Transportation Plans and the plan
for reclamation.
IN David Hunt, applicant, explained the mining process and stated he will receive revenue from
some of the soils, therefore, a DRMS permit was required. He indicated he got into mining
because he has several oil and gas wells on his farms and the soil used to reclaim those oil and
gas sites was not good quality. Mr. Hunt confirmed for Commissioner Saine, the farm he will be
mining does not have a salinity problem because there is not a high water table. In response to
Commissioner Moreno, Mr. Rodriguez clarified a CDOT Access Permit is currently not required,
but it will be in the future, triggered by trip counts.
No public testimony was offered concerning this matter.
Mr. Rodriguez expressed concern with COA #4.B (Grading Permit requirement) and Ms. King
clarified its purpose. At Ms. Light's request, the last sentence of DS #20, which read, "A
permanent, adequate water supply shall be provided for drinking and sanitary purposes." was
deleted. The Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
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HEARING CERTIFICATION - DAVID AND KAYLEEN HUNT (USR21-0019)
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In response to Chair James, Mr. Hunt indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
Commissioner Saine moved to approve the request of David and Kayleen Hunt for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0019, for Open Mining
(soils) 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 seconded by Commissioner Moreno, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:21 a.m.
This Certification was approved on the 9th day of February, 2022.
ATTEST:
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
Scott K. James, Chair
Mike Freeman, Pro-Tem
EXCUSED DATE OF APPROVAL
Perry L. Buck
Moreno
Lori Saine
2022-0365
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