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Home My WebLink About20201513.tiffHEARING CERTIFICATION DOCKET NO. 2020-31 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0075, FOR OPEN MINING AND PROCESSING OF MINERALS (TOPSOIL AND OVERBURDEN) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC A public hearing was conducted on May 27, 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, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated April 17, 2020, and duly published April 22, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Richard and Patricia Huwa, c/o Arnold's Custom Seeding, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0075, for Open Mining and processing of minerals (topsoil and overburden) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and relayed the size and location of the site, noting it is not within a three (3) mile referral area. He stated ten (10) surrounding property owners (SPOs) were noticed with no communication received. He indicated 155 acres of the 160 -acre parcel will be mined with 300,010 tons of topsoil being removed, the top four (4) inches will be stripped and piled for reclamation by a dozer, the remaining eight (8) inches of topsoil will be stripped and piled using a dozer and front end loader. He stated the extracted soil will be trucked off the site, and the property will be restored to its current use as a crop plan. He relayed two (2) full-time employees will be onsite, with 17 total employees utilizing the site for operation. Mr. Ogle explained all haul routes from the site will head east on County Road (CR) 16, turning north onto CR 63, with a total number of vehicles accessing the site daily not to exceed 17, including two (2) round trips for employees and 15 round trips for the truck drivers. He indicated the two (2) stockpile areas will be located to the south of the existing outbuildings for construction material and storage yards, and there is an existing internal road into the property with an expanded area for parking of equipment and vehicles. He stated an Emergency Action Plan and an Improvements Agreement will be required, and the Conditions of Approval (COA) and Development Standards (DS) will assist in mitigating the impacts of the facility on adjacent properties, he stated the current use of the Arnold Pit #1 is dryland agriculture, C PL(VoITP;, P►.CW►w.I DN); EA -(t -L-1 1IioI2o-2.13 2020-1513 PL2748 HEARING CERTIFICATION - RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC (USR19-0075) PAGE 2 described the historical types of crops planted, confirmed the land will return to dry crop land, post mining, and relayed the Colorado Oil and Gas Conservation Commission (COGCC) permit #M2016-022 was conditionally approved on September 6, 2019. Mr. Ogle stated 12 referral agencies reviewed this case, and four (4) offered comments, which were addressed in the COA and DS. He entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. IE Mike McRoberts, Department of Public Works, provided a brief overview, detailing access for the project on CR 16, which is paved and designated as a collector road. He relayed the existing access does not meet the 330 -foot minimum access spacing requirement for a collector road with respect to the existing accesses on the north side of CR 16. He stated the existing property access road is flanked on both sides by concrete -lined irrigation ditches, as well as an existing power pole on the west side of the property access, and due to the numerous physical constraints that would complicate relocation of the project access, the Department of Public Works (PW) would support an access variance to utilize the existing access. Mr. McRoberts relayed the daily trips counted at 423 vehicles per day, with 27% trucks, confirming the 85th percentile speed is 69 mph. He stated the traffic information submitted with the application materials indicates there will be approximately 15 truck daily round trips and two (2) passenger vehicle daily round trips. He relayed 100% of the site traffic will be exiting to the west on CR 16 and PW is requiring an Improvements and Road Maintenance Agreement with triggered off -site improvements, as well as tracking control. Mr. McRoberts confirmed the project will not increase the imperviousness of the site; therefore, the site qualifies for an exception to stormwater detention. He stated a Weld County Grading Permit will be mandatory, if more than one (1) acre of land is disturbed for construction outside the gravel mining area. E Lauren Light, Department of Public Health and Environment, stated since mining is considered a temporary use, screened portable toilets and bottle watered are acceptable. She explained a Dust Abatement Plan was submitted and dust control will consist of a water truck, no operations during high winds and covering loads entering and existing the site, which is included in the DS. She relayed the applicants may be required to obtain an Air Pollution Emission Notice (APEN) from the state, noting a Waste Handling Plan was submitted. She indicated the applicant will be required to comply with Industrial noise standard, and DS #3 — 14 address Environmental Health items. • Doug Cook, represented the applicant, confirmed the purpose of the project is to remove four (4) inches of topsoil for grubbing, and stripping another eight (8) inches for reclamation purposes. He stated the plan is to have six (6) to ten (10) acres open at a time, with farming being continued on the property that is not stripped. This specific site was chosen as it was previously flood irrigated ground, meeting the one (1) to 14 inches of topsoil which can be used at other oil and gas locations that need fertile soils, while still utilizing the subject site for dryland farming. • No public testimony was offered concerning this matter. e In response to Commissioner Moreno, Mr. Cook stated there will be no screening. Mr. Ogle, confirmed the equipment utilized would be one loader and one scraper, and Chair Freeman 2020-1513 PL2748 HEARING CERTIFICATION - RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC (USR19-0075) PAGE 3 suggested deleting COA #1.D.14 (screening of equipment and parking areas). Commissioner James, upon Ms. Light's clarification of the operation being small, suggested deleting of DS #8 (permissible noise levels). The Board agreed to all of the aforementioned changes. El In response to Chair Freeman, Mr. Cook indicated he had reviewed, and on behalf of the applicants, agreed to abide by the Conditions of Approval and Development Standards, as amended. lEi No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. e Commissioner Moreno moved to approve the request of Richard and Patricia Huwa, c/o Arnold's Custom Seeding, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0075, for Open Mining and processing of minerals (topsoil and overburden) 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 Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 10:36 a.m. This Certification was approved on the 1st day of June, 2020. 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