HomeMy WebLinkAbout20203634.tiffHEARING CERTIFICATION
DOCKET NO. 2020-72
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0025, FOR OPEN MINING (SAND, GRAVEL, AND STONE - NORTH STAR PIT)
AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - JOEL AND MARCY
KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
A public hearing was conducted on December 16, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Zackery Roberson
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated October 28, 2020, and duly published
November 4, 2020, in the Greeley Tribune, a public hearing was conducted to consider the
request of Joel and Marcy Konig, c/o Superior Oilfield Services Co., LTD, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0025, for Open Mining (sand,
gravel, and stone — North Star Pit) and processing of minerals outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this
a matter of record.
IE Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
described the location of the site, and stated 16 referrals were sent out, with seven (7) responses
that have been addressed in the Development Standards (DS) and Conditions of Approval (COA).
She explained the request is for a mining operation, known as North Star Pit, which is currently
being operated under Colorado Division of Reclamation, Mining and Safety (DRMS) permit
#M2012-004, and has been mined since 2012 without a USR. the original DRMS permit was for
approximately ten (10) acres and in July 2019, the applicant submitted a request to the DRMS to
increase the permit area to 27.16 acres, which would be covered by this USR. Ms. Aungst
described the mining process and permit boundaries, relayed the aggregate mine operation will
be conducted as a dry pit, to be mined in one (1) phase. She further described the equipment to
be used and the processing, stated the excess material not needed for reclamation may be sold
or hauled off the site for the life of the mine, and explained the reclamation process. Ms. Aungst
stated two (2) to ten (10) employees will be onsite depending on the level of hauling activities and
production, the hours of operation are Monday through Saturday, dusk to dawn, and no
landscaping is proposed. Ms. Aungst relayed there is an active Zoning Violation, #ZCV19-00169,
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2020-3634
PL2772
HEARING CERTIFICATION - JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD
SERVICES CO., LTD (USR20-0025)
PAGE 2
due to the presence of a commercial gravel mine without first completing the necessary permits,
and this case has been forwarded to the County Attorney's Office. Ms. Aungst stated approval of
this application would correct the Zoning Violation; however, #ZCV19-00169 and the associated
court case 20-C-32501, cannot be dismissed until the Conditions of Approval have been
completed and the final map has been recorded. If this application is denied, the case will continue
through the violation process in County Court, Division C #20-C-32501. Ms. Aungst described
adjacent lands and surrounding USR's, and relayed notices were sent to four (4) surrounding
property owners (SPOs) with no responses received. She stated with the remote location of the
site, the Conditions of Approval require an Emergency Action and Safety Plan, and the
Development Standards will assist in mitigating the impacts of the facility on the adjacent
properties and assure compatibility with surrounding uses and the region. She stated the site is
not located within a three (3) mile referral area or Intergovernmental Agreement Area (IGA) of any
municipality. Ms. Aungst entered the favorable recommendation of the Planning Commission into
the record as written and displayed images of the site and surrounding views. In response to
Commissioner Kirkmeyer, Ms. Aungst stated the violation was reported through the Zoning
Compliance office.
---� Zackery Roberson, Department of Public Works (PW), detailed access for the site is from
County Road (CR) 71, approximately 2,700 feet north of CR 136.5, and traffic uses CR 138 public
right-of-way, not maintained by the County. Mr. Roberson relayed there are currently no traffic
counts on CR 71; however, there was a traffic memo, submitted by the applicant's engineer, which
predicted approximately 56 daily round trips, with 100% of the traffic headed south onto CR 71.
He noted, due to increased traffic, Stop signs will be installed at the T -intersections of CR 71 at
CR 136 and CR 138. He stated PW is requesting a Road Maintenance Agreement, the applicant
has submitted a Drainage Narrative, which has been reviewed and accepted; therefore, PW is
requesting deletion of COA #1.6, and a Grading Permit will be required if more than one (1) acre
is disturbed outside of the mining area.
Lauren Light, Department of Public Health and Environment (EH), stated screened ,portable
toilets can be used in accordance with EH policy, dust control will consist of water that will be
trucked in from an industrial well that is located in Wyoming and the site will require an Air Pollution
Emissions Permit (APEN) from the State. Since there is maintenance of equipment onsite, fluids
must be contained and disposed of properly, typical dust and waste items are included, and since
there is fuel stored onsite, the tanks require secondary containment and adherence to the State
storage tank rules. Ms. Light stated a Noise Report was submitted from Alles, Taylor and Duke
Engineering, which indicated the industrial limit can be met at the property boundary, the closest
residences are one (1) mile to the south and over one (1) mile to the east, and DS #20-35 address
EH items. In response to Commissioner James, Ms. Light stated the Noise Report is stamped by
the engineer.
IEI Jack Fuller, owner/partner of Superior Oilfield Services Co., Ltd., stated he believed
Ms. Aungst's report was complete.
No public testimony was offered concerning this matter.
2020-3634
PL2772
HEARING CERTIFICATION - JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD
SERVICES CO., LTD (USR20-0025)
PAGE 3
El The Board discussed deletion of COA #1.B (Drainage Report), and COA #1.D
(Communication Plan). Commissioner Kirkmeyer requested and amendment to DS #3, regarding
a declared emergency to be approved by the Board of County Commissioners during night
construction, and deletion of DS #7 (Communication Plan), and DS #25, (Noise Levels in the
Industrial Zone). There was some discussion regarding the USR boundary, and Jim McFarland,
Superior Oilfield Services Co., Ltd., explained the surveying company that made the boundary
survey, incorrectly followed the farmer's historical furrow, but a letter has been submitted
documenting correction of the boundary line. Ms. Aungst requested a signed copy of said letter.
In response to Commissioner Kirkmeyer's previous query, Mr. McFarland explained the violation
arose when they filed their DRMS permit. Mr. Choate read the language requested for DS #3.
The Board agreed to all the aforementioned changes.
In response to Chair Freeman, Mr. Fuller, applicant, indicated he had reviewed, and agreed
to abide by, the Conditions of Approval and Development Standards, as amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner Moreno moved to approve the request of Joel and Marcy Konig, do Superior
Oilfield Services Co., LTD, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0025, for Open Mining (sand, gravel, and stone — North Star Pit) and processing
of minerals 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 , and it carried unanimously. There being no further discussion, the hearing
was completed at 11:23 a.m.
2020-3634
PL2772
HEARING CERTIFICATION - JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD
SERVICES CO., LTD (USR20-0025)
PAGE 4
This Certification was approved on the 21st day of December, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattiwo ,4k.
Weld County Clerk to the Board
Deputy Clerk to the Board
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Mike Freeman, Chair
2020-3634
PL2772
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