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Home My WebLink About20211114.tiffHEARING CERTIFICATION DOCKET NO. 2021-25 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0003, FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES (KIEWIT CARR MINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY A public hearing was conducted on April 28, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro -Tern Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Planning Services Department representative, Michael Hall Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated March 8, 2021, and duly published March 10, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of State of Colorado, State Board of Land Commissioners, c/o Kiewit Infrastructure Company, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0003, for Open Mining (sand and gravel) and processing of minerals outside of subdivisions and historic townsites (Kiewit Carr Mine) in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Michael Hall, Department of Planning Services, presented a brief summary of the proposal and stated Kiewit is authorized to operate this mine under Colorado Division of Reclamation, Mining and Safety Permit #M-2020-029. Mr. Hall described the current condition of the vacant, open range land, and the location of the site. He relayed the land is owned by the State of Colorado, State Board of Land Commissioners, and an Access Easement Agreement has been obtained across adjacent private properties owned by L. G. Everist, signed on April 15, 2021. Mr. Hall explained a Sand and Gravel Lease, executed by the state, which is for the entire section of land, has been obtained and he explained the term limits of the Lease. Mr. Hall described the phases of each cell of mining, stating the proposed life of the mine will be approximately 13 years. He described structures and equipment anticipated to be onsite, and explained the site will be reclaimed to return each cell to range land. Mr. Hall stated the on -site drainage will be directed internally into the site, no explosives will be used, and no slurry wall or dewatering is required, since the mine is not expected to affect surface or groundwater. He explained processing is proposed to be conducted 24 -hours per day, year round, and Kiewit requests the Board extend CC.' PLCrhH /TP), Pc.,CmK), P-H(LLj 2021-1114 ©8 f OCo/91 PL2795 HEARING CERTIFICATION - STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY (USR21-0003) PAGE 2 the hours of operation beyond the typical mining limit of daylight hours. Mr. Hall explained Section 23-4-290.B of the Weld County Code, amended by Ordinance #2019-18, allows the Board to authorize additional hours of operation, when appropriate. Mr. Hall provided an overview of the proposed lighting, described the number of employees to be onsite, and stated truck traffic into the site will be managed by Kiewit and may be company trucks or contracted trucking companies. Mr. Hall explained on -site diesel fuel storage is proposed with secondary containment, reviewed the proposed signage, described the berms to be utilized to buffer the mine from the west adjacent property, and confirmed no additional landscaping or screening is proposed. Mr. Hall stated a Will Serve Letter from Denver-Julesburg Water Resource Partners, LLC, was received, primarily for 22.4 acre-feet per year of non -potable water for dust suppression. He described the sign postings, stated notices were sent to four (4) surrounding property owners (SPOs), with no responses received, and explained the applicant has Structure Agreements with three (3) of the four (4) SPOs. Mr. Hall stated 19 referrals were sent out; 11 responded, eight (8) did not. He stated the project will utilize state roadways, thus a courtesy referral reminder was sent to the Colorado Department of Transportation (CDOT), but no referral response was received prior to the Planning Commission hearing. However, CDOT submitted two (2) referral responses, received on April 13, 2021, and April 27, 2021, and in response, the applicant submitted a Supplementary Traffic Memo to address CDOT's concerns. Mr. Hall described surrounding land uses, 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 Public Works (PW), provided a brief overview of the transportation plans and requirements, and stated the applicant is proposing use of a private easement road to access County Road (CR) 126, which will require an access permit. Ms. King stated CR 126 is a paved collector road, the latest average daily traffic, taken east of the proposed access, counted 447 vehicles per day, with 60% being trucks, and the 85th percentile speed is 67 mph, noting the speed limit at the proposed access is 30 mph. Ms. King stated traffic information submitted indicates approximately 70 daily round trips, 20 passenger vehicles and 50 tractor/trailer trucks. She described directional traffic and requested Conditions of Approval (COA) #1.C (Road Maintenance Agreement) and #1.F.15 (Items to be delineated on the map) be amended to delete reference to CR 120. Ms. King stated PW is requesting an Improvements and Road Maintenance Agreement for dust control, damage repair to specified haul routes and triggered off -site improvements for CR 126. She relayed a Drainage Narrative has been submitted. Lauren Light, Department of Public Health and Environment (EH), stated as mining is considered a temporary use, screened portable toilets are acceptable. Dust control will be watering of haul roads and processing equipment, such water to be provided by an outside vendor, and a Dust Abatement Plan was submitted and an Air Pollution Emissions Notice (APEN) from the State of Colorado is required. Ms. Light stated a dumpster will be provided for on -site trash, waste fluids will be taken to the applicant's facility in Aurora for recycling, and a Waste Handling Plan was submitted. She explained fuel will be stored onsite, which requires secondary containment and adherence to the State of Colorado's fuel storage tank rules. Ms. Light relayed the applicant submitted a Noise Study which indicated they can meet the Industrial limit. She stated Development Standards (DS) #15-32 address EH items. In response to 2021-1114 PL2795 HEARING CERTIFICATION - STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY (USR21-0003) PAGE 3 Commissioner Saine, Ms. Light explained DS #23 provides the applicant with an additional waste disposal option if, for example, a weigh station or an office were placed on the site. Jared Dains, Applegate Group, representative of Kiewit, and Steve Ceresa, Kiewit applicant, introduced themselves, and thanked staff for their presentation. In response to Commissioner James, Mr. Dains described the Noise Study Modeling, explaining without screening berms, the site can maintain Industrial limits, and with screened berms, they can meet the nighttime Industrial noise level. He stated they understand the biggest concern to be the trucks traveling through the Town of Carr and elaborated Kiewit is willing to prohibit engine brakes in an effort to diminish disturbance for the residents. In response to Commissioner James, Mr. Dains confirmed berming will be installed, and Ms. King confirmed a Transportation Plan has been accepted, and insertion of a DS for prevention of jake brakes, which would then be a requirement for the life of the facility. Steve Teets, Greeley resident, questioned the maintenance on CR 126 that runs through the Town of Carr. Ms. King confirmed it is a County road and the Town of Carr is an unincorporated townsite, Mr. Hall explained, even though Carr is outside the 500 -foot radius of the site, a courtesy Notice was posted; however no communication was received from any of the residents. hi In response to Chair Moreno, Mr. Ceresa indicated they have no requested changes, corrections or questions regarding the COA or DS. In response to Commissioner Freeman, Mr. Hall explained the Communication Plan is how the applicant can act in good faith to communicate with the neighbors, elaborating there is no requirement for a Communication Plan. Commissioner Freeman suggested deletion of COA #1.A (Communication Plan), amending COA #1.C (Road Maintenance Agreement) to remove any reference to CR 120, and deleting COA #1.F.15 (CR 120). Commissioner James proposed striking DS #11 (Communication Plan) and adding a new DS #21 to read: "All effort shall be made to reduce truck traffic noise in the townsite of Carr, to include but not be limited to Jake Brakes." In response to Commissioner James, Ms. Light stated the Noise Study delineates berming as necessary. Commissioner Saine suggested replacing the word "shall" with "may" in DS #23 (septic system). The Board agreed to all of the aforementioned changes. In response to Chair Moreno, Mr. Ceresa indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner James moved to approve the request of State of Colorado, State Board of Land Commissioners, c/o Kiewit Infrastructure Company, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0003, for Open Mining (sand and gravel) and processing of minerals outside of subdivisions and historic townsites (Kiewit Carr Mine) 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 2021-1114 PL2795 HEARING CERTIFICATION - STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY (USR21-0003) PAGE 4 motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 10:40 a.m. This Certification was approved on the 3rd day of May, 2021. 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