HomeMy WebLinkAbout20201361.tiffHEARING CERTIFICATION
DOCKET NO. 2019-119.E
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MJUSR19-08-1660, FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING OPEN PIT MINING (SAND, GRAVEL AND STONE) AND
MATERIALS PROCESSING, STOCKPILING, RECYCLING, AND PROCESSING OF
DEMOLITION MATERIAL (ASPHALT AND CONCRETE), AND THE IMPORTATION
OF SOIL AMENDMENTS (TOPSOIL, PEATS, AND COMPOST) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GLOBAL ASSET RECOVERY, LLC
A public hearing was conducted on May 6, 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, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Mike Mc Roberts
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated August 2, 2019, and duly published August 7,
2019, in the Greeley Tribune, a public hearing was conducted on September 11, 2019, to consider
the request of Global Asset Recovery, LLC, for a Site Specific Development Plan and Second
Amended Use by Special Review Permit, 2MJUSR19-08-1660, for Mineral Resource
Development Facilities including Open Pit Mining (sand, gravel and stone) and materials
processing, stockpiling, recycling, and processing of demolition material (asphalt and concrete),
and the importation of soil amendments (topsoil, peats, and compost) in the A (Agricultural) Zone
District, at which time the matter was continued to November 20, 2019, to allow adequate time to
hold a community meeting and address the requests of the Board. On November 20, 2019, the
matter was continued to March 25, 2020, to allow the applicant adequate time to compile and
present the findings of their water studies and to address any neighbor concerns resulting from
the studies. On March 25, 2020, the matter was continued to April 22, 2020, due to the COVID-19
event and to protect the health, safety, and welfare of the general public. On April 22, 2020, the
matter was continued to May 6, 2020, due to the ongoing COVID-19 event and to protect the
health, safety, and welfare of the general public. Bob Choate, Assistant County Attorney, made
this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the reasoning for
previous continuances, including allowing the applicant adequate time to review the findings of a
Water Study, compile a Ground Water Monitoring Plan, work with the surrounding property
owners (SPOs) to finalize agreements to address their concerns, and provide evidence of a
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mitigation plan to address the protection of agricultural water. He referenced Exhibits KK (Trucker
Safety Protocols), LL (Mr. Donovan's Letter and Supporting Documentation), II ( Noise Study
completed 11/20/2019) and JJ ( Offsite Private Well WTE's and Derr Pit Water Table Elevation
Summary) and stated those documents would be discussed in further detail later in the hearing.
JC York, J & T Consulting, Inc. discussed progress made since the last hearing and shared
a PowerPoint presentation (Exhibit MM), discussed the updated Owner Agreements that had
been sent out, and provided a summary of the Ground Water Hydrology Model done by McGrane
Engineering, LLC. He shared details about the proposed slurry wall, explained ideas to recharge
the aquifer, and discussed the completed well improvements for specific SPO wells.
• Ryan Donovan, Lawrence Jones Custer Grasmick, LLP, referenced the letter he submitted
(Exhibit LL), and detailed the three (3) steps the State Engineers Office (SEO) goes through to
approve and permit a sand and gravel pit, including determining if the proposed pit will cause
material injury to the water rights of others, offering a hearing to SPOs with an existing well within
a 600 -foot radius of the proposed pit, and requiring an annual Substitute Water Supply Plan
(SWSP) to be submitted. Mr. Donovan outlined the specific actions taken by the applicant since
the last hearing to adhere all of the SEO requirements, including updating the SWSP and securing
a lease with the Central Colorado Conservancy District to help replenish the surface water. He
confirmed the involvement of the SEO is ongoing so if questions of material injury to water rights
arise in the future, they can be addressed by the SEO. He touched on the key findings of the
Ground Water Study, but deferred to Dennis McGrane, of McGrane Engineering, to explain the
specifics of the study. He stated the applicant had reached agreements with two (2) of the SPOs,
outlined the terms of the agreement, and attempted to debunk the perceived confusion between
the Derr Pit and the neighboring Loloff Pit, stating they are separate pits, and the Loloff Pit data
is outdated and outside the scope of the current USR amendment application.
e Mr. York continued with his PowerPoint presentation, mentioned the updated Noise Study
and deferred to Jeff Kwolkoski to go over the specific results.
e Jeff Kwolkoski, Wave Engineering, discussed the information from the updated Noise Study
(Exhibit II) dated November 20, 2019, with data collected in late September, 2019. He indicated
the site noise is below the Residential noise limit during the daytime and stated the original
modeling was done for a scenario where the mining activity was at the center of the site and the
updated study modeled the noise if mining activity were closer to the southeast perimeter of the
site, near the Murata property. He indicated the noise contours showed, at the site boundary, the
noise level was well within the Industrial noise limit and at the SPO homes it was at, or less than,
the Residential noise limit.
e Mr. York explained the proposed haul route, which is Balsam Avenue, south of the site
entrance, to/from 8th Street. He described the Zero Tolerance Policy for the use of Jake Brakes
for trucks entering or exiting the site, displayed the Screening Plan and described the locations of
the proposed berms used for noise mitigation. In response to Commissioner Kirkmeyer, he stated
they will seed and plant trees on the berms and indicated the landscaping and berming will be
done in three (3) anticipated phases.
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• In response to Brian Murata, SPO, Chair Freeman confirmed the applicant is proposing a
berm, not fencing around the property, and Mr. Murata stated he is concerned uninvited people
will go through the site and come onto his property if there is not a fence. He showed on the
displayed map where he lives and in response to Mr. Murata, Commissioner Kirkmeyer explained,
if the application is approved the Conditions of Approval (COA) and Development Standards (DS)
set by the Board stay with the operation even if it is sold. She outlined specifics of the agreement
that Broken Arrow Investments, LLC (BAI) is proposing, stated the SEO does not have jurisdiction
over the matters that are addressed in the proposed agreement and reviewed COA #1.C (the
applicant shall submit a recorded copy of any agreement signed by all the owners of the property
crossed by the access).
E Chair Freeman recessed the hearing at 12:27 p.m. for a lunch break and reconvened the
hearing at 1:22 p.m.
IP Melvin Bickling, represented the Koehler family, showed the location of the Koehler residence
on the displayed map, referenced Exhibit Z (Hoshiko Farms Summary), stated the Hoshiko well
went dry within six (6) months of the inception of the Loloff Pit, and asserted because the well
was 715 feet from the pit the SEO provided no provision of coverage for the well. He showed on
the displayed map where the Koehler, Hoffner, Bliss, Winters/Hoffner well(s) are located and
stated all are more than 600 feet from the Derr Pit. He referenced Exhibit CC (Technical Review
done on Loloff Pit), outlined the revisions made in the Technical Review, and indicated the SPOs
had asked for a Technical Review for the Derr Pit. He claimed the SEO cited BAI for not
performing monthly well monitoring from 2013-2019, as required by the Technical Review. He
referenced the Derr Pit water measurements (Exhibit W), on file at the Colorado Division of
Reclamation, Mining and Safety (DRMS), and asserted BAI did not report well static water levels
from 2008-2016 and their dewatering activities, in 2013, impacted wells 1,500 feet away, drying
up several wells in the area. In response to Chair Freeman, Mr. Bickling stated BAI owns both the
Loloff and Derr Pits, provided the Koehler well history (Exhibit V), and in response to
Commissioner Kirkmeyer, confirmed the SEO has not done a Technical Review on the Derr Pit
because DRMS has not required that one be completed. Mr. Bickling claimed the applicant never
did a 15 -month baseline study and a water chemistry prior to mining, explained why Colorado Big
Thompson (CBT) water, purchased for SPOs by the applicant, would not be sufficient and
mentioned the Cease and Desist Order the applicant received from the DRMS for mining in a
residential neighborhood without a permit.
• Rocky Francis, SPO, read a sentence from a letter he received from the applicant
(Exhibit NN). He explained, at a community meeting in 2019, the applicant stated they would
remedy problems with his wells as they relate to the Loloff Pit, claimed those repairs had not been
completed yet, and reiterated both the Loloff and Derr Pits are owned by the same company. He
referenced a letter in Exhibit BB (Rocky Francis Summary), reviewed the results of residual
testing performed on his wells, then referenced Exhibit HH (letter to Mr. Francis from BAI). In
response to Commissioner Kirkmeyer, he confirmed he had not signed a Stipulation with the
applicant and stated he opposed the application.
• Mr. York explained the applicant has verbal agreements from all of the SPOs to monitor their
wells, stated they are in communication with certain SPOs about potential repairs, and described
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meter readings on several of the wells. He indicated the applicant sent updated agreements to
rehab the Koehler and Francis wells and to drill two (2) additional alluvial wells on the Francis
property. In response to Commissioner Kirkmeyer, he stated alluvial wells are approximately
30-40 feet deep.
le Mr. Donovan stated there are protections and special procedures triggered beyond the
600 -foot radius. In response to Commissioner Kirkmeyer, he indicated the applicant wanted to
have agreements with the SPOs, to address their concerns, opposed to performing a Technical
Review and provided a status update on the Bliss well. He further stated Mr. Francis did sign an
SEO Stipulation and referred to page 24-25 of Exhibit LL (letter and supporting documentation
submitted by Mr. Donovan), but expressed he did not believe they were close to obtaining a
signed agreement from Mr. Francis. He explained the applicant did not have a signed agreement
for the Winters/Hoffner well and it was his understanding Mr. Bickling was representing them.
Mr. York stated he sent an updated agreement to Mr. Winters on March 16, 2020, and Mr. Winters
stated he had concerns and those would be addressed by Mr. Bickling. He proceeded to give
status updates on Koehler, Parker, Taylor, and Hoshiko and in response to Commissioner
Kirkmeyer, explained why he did not send Mr. Hoshiko an updated letter.
Commissioner Kirkmeyer cited State Statute provides for the extraction of mineable prior to
development and explained the Board must mitigate any impacts to access the property and their
resource. In response to Commissioner Kirkmeyer, Mr. York confirmed the company that owns
BAI owns Loloff Construction, Inc., which owns the Loloff Pit, and she expressed concern, given
there are certain requirements of the DRMS that were not completed on the Loloff Pit. She also
cited Weld County Code, Section 23-2-230.B.7, that states the Board must "ensure that there are
adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County." In response to Chair Freeman, Mr. York explained the ownership
history of the Derr and Loloff Pits and stated BAI started operating the pits in November, 2016.
Commissioner Kirkmeyer reiterated concern about the monthly well monitoring for the Derr Pit,
given the fact BAI did not complete the monitoring required on the Loloff Pit. In response, Mr.
York indicated they want to get the slurry wall in and acquire agreements from all well owners,
and he claimed the Loloff wells were monitored but the data was stored on a hard drive that was
lost.
El Mr. Donovan acknowledged the turnover of mine ownership and the regrettable lack of
monitoring but stated BAI has made a solid effort to work with SPOs. In response to
Commissioner Kirkmeyer, Mr. Donovan explained the agreement outlines that BAI will rent C -BT
or other sources of water for the SPOs if their irrigation wells are impacted, and Mr. York stated
there was also a conversation with Mr. Bickling about the cost if BAI were to pay for a crop.
Commissioner James reiterated the goal is to get the SPOs to sign agreements with BAI and
stated it appeared BAI is making a good -faith effort to work with the SPOs.
e Dennis McGrane, McGrane Engineering, provided an overview of his findings from the
Hydrologic Assessment and Computer Monitoring.
re Commissioner Kirkmeyer reiterated the applicant has a right to access their property and the
resources on the property and encouraged the SPOs to sign agreements with BAI to protect their
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interests, as opposed to the Board trying to add Conditions of Approval and Development
Standards to attempt to protect the SPOs interests. Commissioner James and Chair Freeman
agreed with Commissioner Kirkmeyer and the Board decided on a continuance dated of May 27,
2020. Mr. York and Mr. Donovan expressed concern with the continuance as they do not feel they
will make progress with the SPOs.
la Commissioner Kirkmeyer moved to continue the request of Global Asset Recovery, LLC, for
a Site Specific Development Plan and Second Amended Use by Special Review Permit,
2MJUSR19-08-1660, for Mineral Resource Development Facilities including Open Pit Mining
(sand, gravel and stone) and materials processing, stockpiling, recycling, and processing of
demolition material (asphalt and concrete), and the importation of soil amendments (topsoil,
peats, and compost) in the A (Agricultural) Zone District, to May 27, 2020, to allow the applicant
and SPOs additional time to get agreements in place. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing
was completed at 2:56 p.m.
This Certification was approved on the 11th day of May, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diet0L) &ic ,,,, i .ei
Weld County Clerk to the Board
BY:
N
eputy Clerk to the Board
Mike Freeman, Chair
Steve ,' oreno, Pro-Tem
K. James
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