HomeMy WebLinkAbout20202497.tiffHEARING CERTIFICATION
DOCKET NO. 2020-55
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0013, FOR OPEN MINING (SAND, GRAVEL AND STONE), MOBILE MINING
EQUIPMENT PARKING AND STORAGE, AND EMPLOYEE AND VENDOR PARKING
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE 1-25 REGIONAL
URBANIZATION AREA AND THE A (AGRICULTURAL) ZONE DISTRICT - JERRILYN
STINAR AND RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY
CONCRETE AND AGGREGATE
A public hearing was conducted on August 19, 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 — EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Zackery Roberson
Health Department representative, Lauren Light
The following business was transacted:
IE I hereby certify that pursuant to a notice dated July 10, 2020, and duly published July 15,
2020, in the Greeley Tribune, a public hearing was conducted to consider the request of
Jerrilyn Stinar and Richard and Margaret Vogl, do BURNCO, LLC, dba Bestway Concrete and
Aggregate, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0013, for Open Mining (sand, gravel and stone), mobile mining equipment parking and
storage, and employee and vendor parking outside of subdivisions and historic townsites in the
1-25 Regional Urbanization Area and the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
ID Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
introduced the applicant's representatives and consultant, and described the location of site. He
stated the site is located within the Weld County and Towns of Firestone and Mead Coordinated
Planning Agreement areas, relayed each Town's response to the Notice of Inquiry, noted the site
is located within the three (3) mile referral area of the Towns of Frederick, Firestone, Mead and
the City of Longmont, and indicated the west part of the mine site is located within the
1-25 Regional Urbanization Area. Mr. Ogle explained the applicant proposes, in addition to mining
the property, to retain the river corridor for preservation of vegetation growing near the river,
maintain wildlife habitats and wildlife migration corridors and protect the existing riverbanks from
erosion during a flood event. He relayed the Colorado Parks and Wildlife returned a referral
response dated June 28, 2020, with several recommendations specific to wildlife corridors,
retention of wildlife habitat, potential raptor's nests, bald eagle concentration areas, tree
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2020-2497
PL2760
HEARING CERTIFICATION - JERRILYN STINAR AND RICHARD AND MARGARET VOGL,
C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE (USR20-0013)
PAGE 2
replacement during loss of trees during mining and noxious weed control. He described the
adjacent land uses and stated 15 surrounding property owners (SPOs) were notified, with no
communication received. He stated there is an existing USR for gravel mining permitted by the
State but not mined, and as a Condition of Approval (COA) the applicant shall request this permit,
USR-642, be vacated. Mr. Ogle explained, BURNCO is operating under the Colorado Division of
Reclamation, Mining and Safety (DRMS) Permit #M1998-013 and is working to amend the permit
for the Shores Resource Gravel Mine located within the corporate limits of the Town of Firestone
to include lands in Weld County owned by property owners, Stinar and Vogl, the co -applicants.
He described the site facilities and property boundary, the overhead conveyor crossing, and
projection of production and phases thereof, stating approximately five (5) employees will be
onsite during daylight hours, Monday through Saturday, the property's total acreage and the size
and approximate life of the mine. He stated the conveyors will be temporary and only one (1)
overhead conveyor will cross County Roads (CR) 11.25 and 26, at a time. He relayed reclamation
will progress concurrently with each phase of mining as it is completed, and an amended DRMS
approval was obtained on May 15, 2020. Mr. Ogle noted 22 referral agencies reviewed the case,
and seven (7) offered comments, which are addressed in the Conditions of Approval and
Development Standards. Mr. Ogle entered the favorable recommendation of the Planning
Commission into the record as written and displayed images of the site and surrounding views.
Zackery Roberson, Department of Public Works, stated staff conducted a site visit and no
obvious site distance concerns were evident. He confirmed the locations of the two primary
access points and stated an Access Permit is required, due to the change of use at the site. He
further stated the applicant is proposing two conveyor belts across CR 26 and CR 11.25, they
have submitted preliminary plans (Exhibits D and E), and a right-of-way permit is required.
Mr. Roberson gave the traffic counts and the 85th percentile speeds for the roads, relaying, upon
review of the Traffic Impact Study, there are no additional turn lanes or improvements warranted
between CR 26 and CR 13. He indicated a Road Maintenance Agreement for tracking control,
dust abatement and repairs of the road is required, there is no need for a Drainage Report, and
a Grading Permit is required for grading exceeding one (1) acre outside of the mining activity.
'—�--- Lauren Light, Department of Public Health and Environment (EH), stated according to EH
policy, mining is considered a temporary use, therefore, screened portable toilets are acceptable,
a water truck will be used for on -site dust control, and an Air Pollution Emissions Notice (APEN),
and a dumpster for waste are required. She relayed noise is restricted to the Industrial limit and
a Noise Modeling Report was submitted indicating the Residential limit can be met at the existing,
nearby houses. She confirmed Development Standards #21 — 36 address EH items.
le Andy Rodriquez, Civil Resources, confirmed the location of site, noted the proximity of
another existing mine site, described the surrounding uses in the area and provided a brief history
of BURNCO operations in Weld County. He stated the site is 160 acres, north of CR 26, adjacent
to the Shores Gravel site, described the 6,000 -linear -foot slurry wall, relayed 3 — 4 million tons of
aggregate will be extracted, reiterated the number of trips per day, and confirmed a water truck
will be used for dust suppression. He showed PowerPoint slides of the site depicting where native
grade vegetation and water storage cells will replace the mine site as the project phases are
completed. Mr. Rodriquez detailed the required permits and anticipated mining operations, stated
a weed control plan will be implemented and showed a proposed Reclamation Plan for review.
2020-2497
PL2760
HEARING CERTIFICATION - JERRILYN STINAR AND RICHARD AND MARGARET VOGL,
C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE (USR20-0013)
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Chair Freeman opened the hearing to the public. Steve Ceresa, President of the Pelican
Shores South Homeowners' Association (HOA), explained the HOA was notified by BURNCO,
who addressed the concerns of the HOA, including fugitive dust, stockpile heights, noise from
both truck and equipment on the site and water levels of the lake as an amenity to the HOA.
Mr. Ceresa confirmed BURNCO has addressed all concerns and he voiced support on behalf of
the HOA. Commissioner Kirkmeyer thanked Mr. Ceresa for attending the hearing and working
with the applicant.
e Mark Johnson, BURNCO, introduced himself and stated he was available to answer
questions.
e In response to Commissioner James, Mr. Roberson described how the conveyor belts work,
explaining they requested encasement of metal, minimum height requirements and a right-of-way
permit, for the safety of the traveling public. Responding to Commissioners Moreno and
Kirkmeyer, Mr. Johnson confirmed there will be no fuel storage on the site, rather, they intend to
use a fuel truck for remote fueling of the one or two pieces of equipment that will be onsite. In
response to Commissioner Kirkmeyer, Mr. Ogle confirmed the applicant must work with the local
fire district if they construct a commercial building and adhere to the International Building Code,
so it was decided to delete COA #1.A (Mountain View Fire referral). In response to Commissioner
Moreno, Mr. Rodriquez confirmed the hours of operation, which change depending on winter or
summer daylight hours, and described the screening which will occur as the aggregate is being
processed. In response to Commissioner Kirkmeyer, Mr. Ogle stated either a berm or a fence will
be required for screening of outside equipment and storage. Mr. Johnson explained the proposed
location of the earth berm and Mr. Rodriquez added there will be a temporary earth berm for noise
control, which will be leveled during reclamation and the proposed landscaping will be seeded. In
answer to Commissioner James' concern regarding COA #1.B (Kerr-McGee referral),
Mr. Rodriquez stated a proposed slurry wall and mining plan have been submitted to Kerr-McGee,
and after some discussion, it was determined to delete COA #1B and reinsert the language as
COA #4.D (Prior to Construction). In response to Commissioner Kirkmeyer, Mr. Rodriquez stated
communication will be via email or posting on the HOA webpage, and Mr. Ogle confirmed that if
the over -the -road conveyor is down, then communication with the neighbors regarding repair of
the conveyor and heavy haul trucks on the road will be necessary. In response to Commissioner
Kirkmeyer, Mr. Ogle read the amended language for COA #1.G (Earth berm plan), and concerning
COA #1.J, he confirmed the setback requirement is 150 feet.
ki In response to Commissioners James and Kirkmeyer, Mr. Johnson explained a past flood
occurrence resulted in night construction, and Mr. Choate stated CDOT often makes requirements
for night operations, therefore, it was suggested to amend DS #3 to insert "Governmental"
declaration. Commissioner Kirkmeyer inquired concerning the difference between DS #9 and #12,
Mr. Ogle agreed they would be the same, but Mr. Johnson stated they could occur at different
times. Mr. Rodriquez requested the language in DS #9 state "Decommission and
Reclamation Plan", to which Commissioner Kirkmeyer went back and amended COA #1.H, to
read, "Decommission and Reclamation Plan" and deleted DS #12. In response to
Commissioner James, Mr. Johnson stated there would be no permanent source of light, but
Mr. Ogle clarified there could be night-time operation lighting. In response to Commissioner
2020-2497
PL2760
HEARING CERTIFICATION - JERRILYN STINAR AND RICHARD AND MARGARET VOGL,
C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE (USR20-0013)
PAGE 4
Kirkmeyer, Mr. Choate clarified the 2012 International Fire Code is what is currently in force and
should be added to DS #40. The Board agreed to all of the aforementioned changes.
E In response to Chair Freeman, both Mr. Johnson and Mr. Rodriquez indicated they reviewed,
and agreed to abide by, on behalf of the applicants, the Conditions of Approval and Development
Standards, as amended.
e Commissioner Moreno moved to approve the request of Jerrilyn Stinar and Richard and
Margaret Vogl, c/o BURNCO, LLC, dba Bestway Concrete and Aggregate, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0013, for Open Mining (sand,
gravel and stone), mobile mining equipment parking and storage, and employee and vendor
parking outside of subdivisions and historic townsites in the 1-25 Regional Urbanization Area and
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 Kirkmeyer, and it carried unanimously. There being
no further discussion, the hearing was completed at 10:42 a.m.
This Certification was approved on the 24th day of August, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da;titiA) jeo;e,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Freeman, Chair
oreno, Pro-Tem
2020-2497
PL2760
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