HomeMy WebLinkAbout20201847.tiffHEARING CERTIFICATION
DOCKET NO. 2020-40
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0008, FOR OPEN MINING (SAND, GRAVEL AND STONE) AND PROCESSING
OF MINERALS, WITH ANCILLARY OPERATIONS AND EQUIPMENT, INCLUDING A
HOT MIX ASPHALT (HMA) BATCH PLANT, RECYCLED ASPHALT OPERATIONS, THE
EXPORTING OF AGGREGATES, MINE OFFICE WITH SCALE HOUSE AND SCALE, A
FUELING/LUBRICATING STATION, PORTABLE GENERATORS, MOBILE MINING
EQUIPMENT PARKING AND STORAGE AND EMPLOYEE AND VENDOR PARKING
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - COULSON EXCAVATING COMPANY, INC.,
AND CROISSANT FAMILY FARM, LLC
A public hearing was conducted on June 24, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 1, 2020, and duly published May 6, 2020,
in the Greeley Tribune, a public hearing was conducted to consider the request of Coulson
Excavating Company, Inc., and Croissant Family Farm, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR20-0008, for Open Mining (sand, gravel and stone)
and processing of minerals, with ancillary operations and equipment, including a hot mix asphalt
(HMA) batch plant, the exporting of aggregates, hot mix asphalt and recycled asphalt, mine office
with scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking and storage and employee and vendor parking outside of subdivisions and
historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Kim Ogle, Department of Planning Services, described the location of the site within the three
(3) mile referral area of the Towns of Johnstown, Milliken, Windsor and the City of Greeley, with
Larimer County adjacent to the west. He relayed it is also located within the Intergovernmental
Agreement (IGA) Areas, and Coordinated Planning Agreement Area of the Towns of Johnstown,
Milliken and Windsor. He described the Comprehensive Plans, Urban Growth and Influence Areas
and Growth Management Areas of the listed surrounding municipalities, stating the Towns of
Johnstown and Milliken did not return a referral response, the Town of Windsor, in their referral
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HEARING CERTIFICATION - COULSON EXCAVATING COMPANY, INC., AND CROISSANT
FAMILY FARM, LLC (USR20-0008)
PAGE 2
dated March 30, 2020, had no conflicts with their interests, the City of Greeley's referral dated
April 2, 2020, stated no conflicts with their interests, and Larimer County did not return a referral
response. He relayed the applicant proposes to mine the property, retain the river corridor for
preservation of vegetation growing near the river, maintaining wildlife habitats and wildlife
mitigation corridors and provide water storage during flood events. He described adjacent land
uses and reviewed the referral comments from the Colorado Parks and Wildlife (CPAVV), dated
April 20, 2020. He stated notices were sent to 17 surrounding property owners (SPOs), with one
(1) letter of concern received regarding traffic, noise, dust and preservation of existing trees,
additionally two (2) calls were received. Mr. Ogle stated the proposed Conditions of Approval
(COA) and Development Standards (DS) will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility. He relayed the Amen Aggregate Resource, which
will be operated under the Colorado Division of Reclamation, Mining and Safety (DRMS) Permit
#M2019-025, is working to permit and develop sand and gravel operations in the county, and
described the processing and production activities, noting lighting will only be used in the case of
a declared emergency disaster or in case of declaration requiring night construction. He reviewed
the number of employees, stated the aggregate mine will be conducted as a dry pit, explained the
location of the property boundary and described the progression of the mine stages and final
depth of the mine overburden thickness. Mr. Ogle explained the primary end use, noted post
mining and reclamation activities will be the development of five (5) water storage resource
reservoirs, and the surrounding uses, including the lands within the river corridor, will continue to
be utilized for agricultural uses. He relayed the applicant has obtained a DRMS permit that was
conditionally approved on December 5, 2019. He shared 28 referral agencies reviewed the case,
of which eight (8) offered comments 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.
e Melissa King, Department of Public Works (PW), described the access to the site, stating the
main entrance is at an existing permitted access location onto County Road (CR) 13 (also known
as Colorado Boulevard) , which is a paved, arterial road, and access to the eastern portion of the
property is on CR 15, which is a paved, local road, utilizing an existing, unpermitted access which
will require an access permit. Ms. King relayed the traffic counts and 85th percentile speeds for
each road, and detailed the anticipated traffic during each phase of the project. Stated the
applicant will be required to submit a final Traffic Impact Study, tracking control, an Improvements
and Road Maintenance Agreement for off -site improvements, Road Maintenance of travel routes
based on the approved Traffic Impact Study, a Final Drainage Report and detention pond design,
and a Weld County Grading Permit if more than one (1) acre of land is disturbed for construction
outside of the sand and gravel mining area. In response to Commissioner Kirkmeyer, Ms. King
identified the access points on the map. Responding to Commissioner Moreno, Ms. King
reiterated the traffic counts and timing for each phase of the mining process.
ICI Lauren Light, Department of Public Health and Environment (EH), stated since mining is
considered a temporary use, screened portable toilets are allowed, dust control will consist of
watering the haul road, revegetation within one year, using conveyors and paving the road to the
asphalt plant. She stated a Dust Abatement Plan was submitted, an Air Pollution Emissions Notice
(APEN), and Waste Handling Plan are addressed in the DS, and a Noise Study was submitted
indicating the Industrial limit will be met at the USR boundary and the Residential limit will be met
2020-1847
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HEARING CERTIFICATION - COULSON EXCAVATING COMPANY, INC., AND CROISSANT
FAMILY FARM, LLC (USR20-0008)
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at the adjacent homes. She confirmed a 20 -foot stockpile is required on the north side of the
processing plant, and the use of backup alarms, ambient control and a 24 -hour hotline for
neighbors have been implemented in compliance with the Noise Study. She stated EH standards
are addressed in DS # 23 — 39.
Ken Coulson, President of Coulson Excavating, stated the company is a fourth generation
company which began in 1948. Mr. Coulson explained how the mined aggregate will be used
locally. In response to Commissioner James, Peter Wayland, Weiland Inc., representative of the
applicant, narrated the PowerPoint presentation (Exhibit H), reviewed surrounding uses,
explained the access may change when Weld County widens the bridge on CR 54 and described
anticipated traffic. Responding Commissioner Kirkmeyer, Mr. Wayland confirmed the USR
boundary and access is across the co -applicant's property, within the USR boundary, explained
the number of employees entering and exiting, and identified the types of equipment to be used.
He went on to explain the Dust Abatement Plan, paving of on -site roads, screening with berms,
and discussed the location of the asphalt plant and its screening. He talked about limited materials
importation from the Stroh Pit site, which is 3.5 miles west in Larimer County, explained the site
will not exist as a stand-alone Hot Mix Asphalt (HMA) plant, importation will be periodic, and
explained the extraction plan. Responding further to Commissioner Kirkmeyer, Mr. Wayland
confirmed the berms would be set back far enough to prevent site obstruction and will be
revegetated with grass. Mr. Wayland discussed the Traffic Study, explained the difference of the
imported trips and the new traffic, and corrected his traffic count to 270 daily vehicle counts, with
230 being heavy trucks. He explained a structural engineer looked at the bridge on CR 54, which
is in disrepair and is scheduled to be reconstructed by the County by the spring of 2022; therefore,
they agreed to limit truck trips until after the new bridge is constructed, and explained the Traffic
Study shows the roadway can safely accommodate the anticipated traffic. In response to
Commissioner Kirkmeyer, Mr. Wayland reiterated the haul route, described the proposed
southbound left turn lane from CR 13 into the site, and detailed future traffic infrastructure. In
response to Commissioner Kirkmeyer, Ms. King confirmed PW does not have a completed Traffic
Study, as the information has changed significantly with the anticipated replacement of the bridge
on CR 54, the changes to the access points onto CR 15 and the northern access onto CR 13.
She stated these changes will adjust the counts until the bridge is replaced and the auxiliary lanes
will then be incorporated into the Improvements Agreement. She confirmed for Commissioner
James that there will be a lesser impact of traffic on CR 13 for the next two years. Responding to
Commissioner Kirkmeyer, Ms. King confirmed the number of vehicle roundtrips to be 270, in
addition to the existing 1,332 vehicle round trips will create a 20% increase in traffic counts. The
applicant clarified importation will not add additional traffic, as they will either import materials or
operate the Amen Pit.
Mr. Wayland confirmed the Noise Model predicted they will be in compliance with County
noise regulations, stated dust control measures include the use of conveyors and the absence of
scrapers, and explained the site will be reclaimed by creating spillways to help manage flood
waters, all of which has been approved by the Colorado DRMS. In response to Commissioner
Kirkmeyer, Mr. Wayland stated the berms will be vegetated and irrigated, and the applicant will
work with the staff in regard to landscaping, aesthetics, etcetera.
Fi No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - COULSON EXCAVATING COMPANY, INC., AND CROISSANT
FAMILY FARM, LLC (USR20-0008)
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• In response to Chair Freeman, Mr. Wayland indicated Mr. Coulson had reviewed the COA
and DS and had no concerns.
IE David Foster, Land Use Counsel for the Coulson Family, stated he had submitted a letter
(Exhibit E) regarding the importation. In response to Commissioner Kirkmeyer, Mr. Choate
explained importation is not an allowed use in the A (Agricultural) Zone District, rather, hot mix
asphalt and concrete batching is only allowed if it is accessory to the open mining under Weld
County Code Section 23-4-290.1, therefore, he suggested limiting the percentage of the
stockpiling and processing, and Mr. Foster confirmed the total importation would be limited to five
percent (5%) of the overall processing of the facility. He also confirmed the notice identified
importation as one of the components of the application, and that importation does not increase
daily truck traffic, thus the Board determined that importation may be addressed as part of the
application. In response to Commissioner Kirkmeyer, Mr. Foster confirmed the facility will adhere
to the industrial noise limit, and the applicant has agreed to retain the existing stand of trees on
the north side of their property to help mitigate any visual and noise impact for Mr. Cummins, the
neighbor to the north.
• Mr. Choate proposed the new language for (DS) #17 to be, "No more than ten percent (10%)
of the material processed onsite may be imported from offsite. The property owner or operator
shall keep a record that identifies the amount and source of all imported material and provide a
copy upon request."
• In regard to the memorandum sent by PW, Ms. King confirmed COA #1.A and #1.N.12 should
be corrected to change CR 54 to read CR 15, and COA #1.E (signed agreement) and COA
#1.N.15 (access and utility easement) be deleted. Commissioner Kirkmeyer suggested adding a
sentence to COA #1.C, "It may include improvements at the mine access of County Road 13 and
at the intersection of County Road 13 and County Road 54". Commissioner Kirkmeyer proposed
combining COA #1.J (screening plan) and #1.K (landscaping plan), including the ten (10) foot
revegetated earthen berm and maintaining the existing tree line on the north side of the property.
She also suggested to delete COA #1.M (Sinclair pipeline assets), and insert a new COA #1.N.12
(County Road 15, paved local road). In regard to COA #4.A, Commissioner Kirkmeyer suggested
clarification to read, "The approved accesses for County Road 13 and County Road 15 and
tracking control on County Road 13 shall be constructed prior to on -site construction." In regard
to COA #4.D, the Board agreed to delete the second sentence and state "The applicant shall
attempt to address..." . eCommissioner Kirkmeyer, in regard to DS #3, suggested adding "the
Colorado Department of Transportation (CDOT)" in front of declaration and delete "public or
private emergency". In response to Commissioner Kirkmeyer, Kim Ogle confirmed the DS
addressing importation will be inserted as a new #17 and a Lighting Plan is only required if they
have security lighting for the facility equipment. The Board agreed to all of the aforementioned
changes.
El No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
2020-1847
PL2753
HEARING CERTIFICATION - COULSON EXCAVATING COMPANY, INC., AND CROISSANT
FAMILY FARM, LLC (USR20-0008)
PAGE 5
In response to Chair Freeman, Mr. Coulson, indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
Ei Commissioner Ross moved to approve the request of Coulson Excavating Company, Inc.,
and Croissant Family Farm, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR20-0008, for Open Mining (sand, gravel and stone) and processing of
minerals, with ancillary operation and equipment, including a hot mix asphalt (HMA) batch plant,
recycled asphalt operations, the exporting of aggregates, mine office with scale house and scale,
a fueling/lubricating station, portable generators, mobile mining equipment parking and storage
and employee and vendor parking 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 James. Commissioner Kirkmeyer reiterated the finding
that the importation of materials from the Stroh Pit is less than five to ten percent (5-10%) of the
overall processing for the facility, which is considered an accessory to the open mining use, and
there will be no increase in the normal, daily, operational truck traffic, as identified in the Traffic
Study. There being no further discussion, the motion carried unanimously, and the hearing was
completed at 11:48 a.m.
This Certification was approved on the 29th day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifiA)
v••�
Mike Freeman, Chair
Weld County Clerk to the Board
Deputy Clerk to the Board
2020-1847
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