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Home My WebLink About20203526HEARING CERTIFICATION DOCKET NO. 2020-80 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0030, FOR OPEN MINING (SAND, GRAVEL, STONE, TOPSOIL, OVERBURDEN AND BORROW MATERIALS) AND PROCESSING OF MINERALS. ALSO INCLUDED ARE PORTABLE (TEMPORARY) CONCRETE AND ASPHALT BATCH PLANTS, CONCRETE AND ASPHALT RECYCLING, A MINE OFFICE/SCALE HOUSE AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING AND STORAGE, EMPLOYEE AND VENDOR PARKING, AND MORE THAN TWO (2) CONEX CONTAINERS FOR STORAGE OF PRODUCTS FOR PLANT OPERATIONS AND MAINTENANCE IN THE A (AGRICULTURAL) ZONE DISTRICT - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. A public hearing was conducted on December 9, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern 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: El I hereby certify that pursuant to a notice dated October 22, 2020, and duly published October 28, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Cannon Land Company, c/o L.G. Everist, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR20-0030, for Open Mining (sand, gravel, stone, topsoil, overburden and borrow materials) and processing of minerals. Also included are portable (temporary) concrete and asphalt batch plants, concrete and asphalt recycling, a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, employee and vendor parking, and more than two (2) conex containers for storage of products for plant operations and maintenance in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, introduced the applicant's representatives, Lynn Mayer Shults and Steve O'Brien, Environmental, Inc., relayed the location of the site, which is located within the Intergovernmental Agreement areas of the City of Fort Lupton and the Town of Platteville. Mr. Ogle commented on the surrounding uses, and relayed the City of Fort Lupton and Town of Platteville were provided Notice of Inquiry forms, the City of Fort Lupton expressed interest in having a discussion with the QLUh0 IT )) i PW (IM►e-/ppd, O4( (-(-) v -112_O2_1 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 2 primary property owner, which was held on June 18, 2020, and on June 22, 2020, the primary land owner declined to enter into a pre -annexation agreement with the City of Fort Lupton. Mr. Ogle explained the applicant is proposing to mine the property and retain the river corridor in its natural condition and stated the Reclamation Plan approved by the State of Colorado Division of Reclamation, Mining and Safety (DRMS) will result in several water storage reservoirs on the property, relaying a DRMS permit has been obtained for state permit #M2020-0007, approved July 2, 2020. Mr. Ogle stated the site will be known as the Ragsdale Reservoirs and provided a brief overview of the operation. He described the location of the entrance, which is along a private drive, stating there are two (2) main areas for the site: the west area containing approximately 65.4 acres and the east area containing approximately 277.9 acres, which are separated by a transportation corridor which includes U.S. Highway 85 and the Union Pacific Railroad (UPRR) line. Mr. Ogle explained the historical uses of the surrounding areas, described the site soil conditions, the mining process, impacts of the process and the expected phases. He shared there will be 15 — 20 employees, with approximately 100 visitors, describing the two (2) processing plant sites, their locations and the equipment that will be kept thereon, along with a mobile office at the plant site. Mr. Ogle explained the mining site contains SUP -281 for a Gas Processing plant, which has requested to be vacated, there are a few houses onsite within the USR boundary that will be demolished prior to mining operations, he relayed the closest residence, outside the USR Boundary, is 36 feet south of the USR boundary to the west of U.S. Highway 85, one is east of and adjacent to County Road (CR) 22, approximately 35 feet from the USR boundary. Mr. Ogle relayed 27 notices were sent to surrounding property owners, one response was received electronically from a property owner one (1) mile east of the site permit boundary with concerns about environmental impact due to open mining, the effect of property values and the impact on area roads and one (1) telephone inquiry was received from an adjacent property owner on the east side with concerns of a disturbance near the permitted gas plant and an unknown number of gas pipelines that are to be located onsite and their status, and the traffic on CR 22, specifically as it crosses the UPRR, and a property owner from east of U.S. Highway 85 sent correspondence with similar concerns. Mr. Ogle relayed the applicant has been in contact with surrounding property owners, conducting face-to-face contact with adjacent property owners and continues to meet with area residents. The Conditions of Approval (COA) require the applicant to submit an accepted Emergency Action and Safety Plan, an accepted Improvements Agreement, an accepted Colorado Department of Transportation (CDOT) access permit, and an accepted Flood Hazard Development Permit. Mr. Ogle relayed a Noise Abatement Plan and Dust Abatement Plan have been submitted and reviewed. He stated 34 referrals agencies reviewed the case, 11 offered comments which are addressed in the COA and Development Standards (DS). Mr. Ogle relayed the owner/co-applicant, Platte Valley Irrigation Company, has requested removal from the application, and an updated referral response from Todd Messenger, Farmers Reservoir and Irrigation Company (FRICO), who has a cooperative relationship with Platte Valley Irrigation Company, has requested an amendment to COA #1.C. Mr. Ogle explained the applicant has submitted correspondence requesting waiver of several COA's, listed under Exhibit M. 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 private roadway, which will access the mining area west of U. S. Highway 85 located directly west of CR 20. Contact will be made with CDOT regarding an access permit for the area east of U.S. Highway 85 to access onto 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 3 CR 22 at a location that meets the minimum spacing criteria, to be completed prior to construction. Ms. King relayed according the Weld County Function Classificational Map, CR 22 is a paved arterial road with the latest average daily traffic having a count of 2,654 vehicles per day, with 40% trucks, and the 85th percentile speed is 62 mph. She stated an acceptable Traffic Impact Study was received indicating there will be approximately 500 daily round trips, with 100% of the traffic traveling west on CR 22 to access onto U.S. Highway 85. Ms. King relayed, prior to construction, the applicant shall install tracking control for the eastern portion of the site that can either be double cattle guards with 100 feet of asphalt, or 300 feet of asphalt. Ms. King explained PW is requiring an Improvements and Road Maintenance Agreement for dust control, damage repair to specified haul routes and up -front, off -site improvements on CR 22, prior to construction. She stated the Drainage Narrative was submitted and the site meets the Drainage Detention Exception, and no additional drainage is required. In response to Commissioner Kirkmeyer, Ms. King identified the proposed access points for the east and west areas of the mine, confirming the U.S. Hwy 85 Access Management Plan had been reviewed. Mr. Ogle relayed CDOT has allowed temporary right-in/right-out access on CR 20 as it enters into the state system on U.S. Highway 85, and they are reviewing the Traffic Impact Study. Lauren Light, Department of Public Health and Environment, stated since mining is considered temporary use, screened portable toilets are acceptable, the applicant indicated the on -site houses will be removed, and dust control will consist of a water truck, reduced speed, and covering of loads. She indicated a Dust Abatement Plan has been submitted and adherence to that plan is included in the Development Standards (DS), and an Emissions Permit from the state is required. Ms. Light stated waste handling will consist of dumpsters, which will be emptied weekly, waste fluids will be stored in a separate tank that will be emptied weekly by a waste disposal company, a Waste Handling Plan was submitted and adherence to that plan is in the DS. She noted fuel will be stored onsite and the tanks require secondary containment and adherence to the Colorado State Fuel Storage Tank rules. A Noise Study was submitted from Wayne Engineering indicating the Industrial limit can be met at the property boundary, the Residential limit can be met at the closest homes if berms are constructed, and a Noise Abatement Plan, separate from the Noise Study, was submitted indicating that berms will be added along the west side of U.S. Highway 85 and the east side of the UPRR right-of-way, and DS #22-39 address EH items. Ms. Light requested the last sentence of DS #29 be deleted, as it does not pertain to EH. El In response to Commissioner Kirkmeyer, Ms. King confirmed a Preliminary Traffic Impact Analysis was completed, additional information was requested for the traffic on the east side, which was provided and has been accepted, explaining it is anticipated the mining for the eastern side is at least five (5) to ten (10) years out and a revised Traffic Study will have to be submitted per the engineering criteria. e Matt Noteboom, Vice -President, L.G. Everist, Inc., introduced the representatives in attendance and the landowners of record, gave a brief overview of company and presented slides of current operations in Weld County. Mr. Noteboom relayed Cannon Land Company is the applicant, he described uses for the sand and gravel business, and explained Platte Valley Irrigation Company decided to withdraw as an applicant, therefore, COA #1.C can be deleted. He mentioned FRICO's request to warranty the slurry wall, as well as the Crossing Agreement being 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 4 in place prior to approval of the permit, and stated he doesn't anticipate any reason why the Crossing Agreement and bridge structure cannot be constructed. However, warranting the slurry wall that is not in the right-of-way, nor owned by FRICO, nor related to the operation of the ditch doesn't seem justifiable or in relation to the scope and purpose of the project. He explained the intent of the slurry wall, stated the reservoir operation should not impact the ditch operation or the water sourcing, and expressed concern with granting veto power to FRICO. Mr. Noteboom elaborated on the site operations, stating it will take eight (8) to ten (10) years to mine the west side, the processing plant will be set up in Phase Three , describing its location, explaining the process of the site and its operations, and detailing the setbacks and the slurry wall. IE Lynn Mayer Shults, L.G. Everist, Inc., described the main access, which will include acceleration and deceleration lanes. Ms. Shults explained the requested changes to the COA and DS, regarding obtaining an access permit from CDOT, and the Traffic Study and Analysis for the east of west mining sites. She relayed the concerns of surrounding oil companies, stating copies of their correspondence addressing the concerns have been provided. Ms. Shults provided a summary of the conditions which have been addressed or near completion, including submittal of a Substitute Water Supply Plan (SWSP) to the Colorado Division of Water Resources, right-of-way for CR 22 in response to the City of Fort Lupton, a utilities easement for United Power, an emergency access for the Platteville-Gilcrest Fire Protection District, and demolition of three vacant residences. She further stated they are working with CDOT concerning an access permit for the west side of the site directly from U.S. Highway 85 following the requirements of the U.S. Highway 85 Access Control Plan. The entrance for the east side of the site will access from CR 22, west of the Platteville ditch and heading west to U.S. Highway 85. She reiterated the Mining and Reclamation Plan previously described by Mr. Noteboom. She referenced COA #6 and explained the requirements of the Temporary Access Permit received from CDOT, stated a permanent access permit will still be required, and confirmed truck traffic will not occur until the permanent CDOT Permit is received and access is constructed. She relayed appropriate signage and tracking control will be provided, Health and Safety guidelines developed by the Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA) will be followed, and oil and gas activities are decreasing on the site. Ms. Shults explained some activity related to the application that has already occurred, reiterated traffic information and reviewed the request for an Early Release Agreement to avoid delays in mining operations. e No public testimony was offered concerning this matter. El In response to Commissioner Ross, traffic consultant Mike Refer, Hilltop Resource Solutions, stated they have been working with CDOT on both accesses, described first the west side, which will be mined first, at the CR 20 alignment, which is a private drive. He stated CDOT has already marked the location of approval in their Master Plan, which requires acceleration/deceleration lanes, with an estimated 90% of traffic headed south and the remaining 10% headed north; therefore, no traffic signal is required on CR 20. In response to Commissioner Ross, Mr. Refer explained the permanent acceleration/deceleration lanes do have a deceleration lane coming into the sight for the left turn, and if there is northbound traffic, there is an acceleration lane to get back onto U.S. Highway 85, the temporary situation is right-in/right-out at the same location, just for getting the construction crews and their equipment on the property prior to mining. In response to Commissioner Kirkmeyer, Mr. Refer stated he is aware of the Access Control Plan for 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 5 U.S. Highway 85, Commissioner Kirkmeyer relayed the history of the Access Control Plan for U.S. Highway 85, stating there is a need for an amendment which would require all 12 entities to amend the Access Management Plan, CR 20 would require a parallel road between CR 18 and CR 20, which should be built in conjunction with a right-in/right-out. Commissioner Kirkmeyer stated CDOT should have confirmed with the U.S. Highway 85 Access Control Coalition prior to approving even a temporary access. Mr. Refer explained a parallel access road is for permanent users in the future, the sand and gravel site and the traffic put on CR 20 is a temporary use for the first eight (8) to ten (10) years of the project, so acceleration/deceleration lanes will be installed. Mr. Refer explained, the applicant will present a new, full access plan in eight (8) to ten (10) years. In response to Commissioner Kirkmeyer regarding CR 22, Mr. Refer agreed that prior to initiation of mining, permanent access will be approved by CDOT and the County, on the east side, with acceleration/deceleration lanes in both directions to be completed prior to production and sales. He further stated, prior to mining, the maximum truck traffic would be 15-20 daily round trips, and most daily traffic would be employee daily round trips. Responding further to Commissioner Kirkmeyer, Mr. Refer explained the specifics that are included in the temporary permit currently being applied for. In response to Commissioner Ross, Mr. Refer acknowledged he was not aware of CDOT needing to include the U.S. Highway 85 Access Control Coalition for issuance of a temporary access permit but would visit with CDOT concerning the matter. e In response to Commissioner Kirkmeyer, Ms. Shults confirmed the Colorado Division of Water Resources is in the process of amending the Substitute Water Supply Plan (SWSP) to cover any water consumption at the site, which will be completed and approved prior to exposing groundwater at the site. Mr. Ogle relayed a letter from L.G. Everist, Inc., to the DWR (Exhibit M), would allow deletion of COA #1.A; additionally a letter from L.G. Everist, Inc., to the City of Fort Lupton (Exhibit M), would allow deletion of COA #1.B. In response to Commissioner Kirkmeyer regarding COA #1.C, Ms. Shults along with Mr. Ogle, confirmed Platte Valley Irrigation Company owns 1.95 acres, which has been withdrawn from the mining application. In response to Commissioner Kirkmeyer, Mr. Ogle relayed receipt of a letter from Todd Messenger, Attorney representing Farmers Reservoir and Irrigation Company (FRICO); therefore, Commissioner Kirkmeyer suggested amending the language in COA #1.C (Platte Valley Irrigation Company) by adding "attempt to" before "address" and change "requirements" to "concerns". The Commissioners, collectively, decided to delete COA #1.D (Kerr-McGee referral), #1.E (ARB Midstream referral) and #1.H (Western Midstream, LP referral), which are all private agreements between the applicant and private entities. Mr. Ogle explained COA #1.J (lighting plan) is also addressed in DS #43, thus it was then agreed to delete COA #1.J (lighting plan). There was some discussion regarding COA #1.K (Improvements and Road Maintenance Agreement) and it was decided to add COA #4.D requiring a Final Traffic Impact Analysis for CR 22 on the east side of U.S. Highway 85, and move COA #5.6 (Access Permit) to a new COA #4.E, adding "on CR 22" and "on the east side of U.S. Hwy 85". Commissioner Kirkmeyer requested insertion of a new COA #4.F which states, "The applicant should adhere to the U.S. Highway 85 Access Management Control Plan and improvements on the safe access onto U.S. Highway 85 need to be made prior to construction." In response to Commissioner Kirkmeyer, Ms. King explained the Final Traffic Impact Analysis has been received and COA #1.L was deleted. Commissioner Kirkmeyer requested the addition of COA #1.P.10 (adherence to the U.S. Highway 85 Access Control Plan) — (Clerk's Note: Subsequent to the hearing this language was moved to a new DS #13 as a note on the map). After some discussion, it was decided to delete COA #1.M 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 6 (recorded copies of access agreements), delete the last sentence of COA #1.P.9 (CDOT right-of- way width). In response to Commissioner Kirkmeyer, Mr. Refer confirmed the acceleration/deceleration lanes will be in place prior to selling any material, thus the second sentence of COA #5.C was amended to state, "All of the acceleration and deceleration lanes shall be constructed. Written evidence of such to be submitted to the Department of Planning Services." Additionally, the second sentence of COA #6 was amended to read, "Mining activity shall not occur until the Use by Special Review map is ready to be recorded..." Following discussion, Commissioner Kirkmeyer stated, if operation warrants a traffic signal, the applicant would have to pay for it. a In response to Commissioner Ross regarding hours of operation, Ms. Shultz said DS #3 is sufficient because mining operations must occur during daylight hours, and Commissioner Kirkmeyer proposed an amendment to state, an emergency would be declared by the Board of County Commissioners and night mining operations will require approval by the Board of County Commissioners. (Clerk's Note: DS #3 was finalized subsequent to the hearing for consistency with similar sites.) In response to Commissioner Kirkmeyer, Mr. Ogle confirmed DS #8 for the Decommissioning Plan is a requirement, therefore, a new COA #1.J was added to state, "A Decommissioning Plan shall be submitted to, and approved by, the Department of Planning Services." DS #15 was amended to for the Improvements Agreement specific to CR 22. In DS #13, Commissioner Kirkmeyer amended the language to clarify no parking staging, "or stacking" of vehicles on public roads, and removed the last sentence in DS #29. In response to Commissioner Moreno regarding DS #4 (number of employees), Ms. Shultz stated they will utilize ten (10) employees during the setup and will be allowed up to twenty (20). Lastly, Mr. Ogle requested a new COA #1.P.22 to reflect the modified permit boundary due to removal of the Platte Valley Irrigation Company parcel. The Board agreed to all of the aforementioned changes. IE In response to Chair Freeman, Mr. Noteboom, on behalf of the applicant, stated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. He further stated they appreciate the Board's safety concerns related to U.S. Highway 85, explaining this new plant site will eliminate the need for the plant site on CR 18 for a net reduction of traffic on U.S. Highway 85. e Chair Freeman invited public comment related to the proposed revisions. Gene French, Nunn resident, expressed concern regarding the apparent separation of traffic improvements during the construction phase, versus the mining phase. Chair Freeman explained the construction equipment comes in and stays onsite, then is removed at the end of construction, so the only daily traffic will be employee vehicles until actual mining operations commence. le Commissioner Kirkmeyer moved to approve the request of Cannon Land Company, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0030, for Open Mining (sand, gravel, stone, topsoil, overburden and borrow materials) and processing of minerals. Also included are portable (temporary) concrete and asphalt batch plants, concrete and asphalt recycling, a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, employee and vendor parking, and more than two (2) conex containers for storage of products for plant operations and maintenance 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. 2020-3526 PL2775 HEARING CERTIFICATION - CANNON LAND COMPANY, C/O L.G. EVERIST, INC. (USR20-0030) PAGE 7 The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 12:01 a.m. This Certification was approved on the 14th day of December, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: di/ w ,ok, Weld County Clerk to the Board BY: Deputy Clerk to the Board Mike F Freeman, Chair Steve M S Barbara Kirkmeyer Kevin D. Ross 2020-3526 PL2775 ATTENDANCE LIST / 2045 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 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