HomeMy WebLinkAbout20183977.tiffHEARING CERTIFICATION
DOCKET NO. 2018-127.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0072, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OPEN PIT MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING IN
THE A (AGRICULTURAL) ZONE DISTRICT - PIONEER LAND COMPANY, LLC,
C/O NOTHERN COLORADO CONSTRUCTORS, INC.
A public hearing was conducted on January 23, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner Scott K. James - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated October 12, 2018, and duly published
October 17, 2018, in the Greeley Tribune, a public hearing was conducted on December 5, 2018,
to consider the request of Pioneer Land Company, LLC, c/o Northern Colorado Constructors Inc.,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0072, for Mineral
Resource Development Facilities, including Open Pit Mining (sand, gravel and stone) and
Materials Processing in the A (Agricultural) Zone District, at which time the matter was continued
to allow the applicant additional time to work with the surrounding property owners to mitigate
their concerns. On January 23, 2019, Frank Haug, Assistant County Attorney, made this a matter
of record.
Mr. Haug clarified at the time of the original hearing, Commissioner James was not yet a
Commissioner, therefore, he could not participate and he reviewed the procedures for public
input.
el Chair Kirkmeyer reiterated Commissioner Freeman and Commissioner James were excused
from the hearing, instructed the applicant and reviewed for the public, with two (2) of the five (5)
Commissioners being excused, the vote must be unanimous for the case to be approved.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
reiterated the hearing continuance circumstances. He reviewed the requests of the Board from
the previous hearing, indicated the applicant had submitted all requested documents, which can
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be found in the exhibits, and stated there was a community meeting with surrounding property
owners (SPO).
• Evan Pinkham, Public Works Engineer representative, stated he had no additions.
Lauren Light, Department of Public Health and Environment, indicated she had no additions
and confirmed the noise study was submitted.
• J.C. York, J&T Consulting, LLC, represented the applicant and presented information from
the January 8, 2019, community meeting. He provided the Mining Plan and indicated there would
be two (2) phases; the north and south cells. He explained the mining process will begin with the
north cell and displayed and described a map of the site. He also described the Reclamation Plan
and mentioned the planned roadway and traffic improvements to include the haul routes. He
provided images, explained the screening for the site and referred to Jeff Kwolkoski to describe
the noise analysis.
• Jeff Kwolkoski, Wave Engineering, LLC, provided a summary of the noise analysis assessed
at the property from the north and south cells. He displayed contour maps of the noise levels and
indicated topography and noise mitigations were included in the model. He explained the noise
model assumed the wind conditions were down -wind all around the site, and stated although the
site is zoned Industrial for noise, the surrounding parcels are zoned A (Agricultural) and have
single family homes on them. He indicated the noise levels will change with the equipment location
in the pit, and stated the noise standard will be met at the residences.
In response to Commissioner Conway, Mr. Kwolkoski clarified how the legend corresponds
to the displayed decibel map.
el Mr. York reviewed the Lighting Plan and dust control, and addressed the groundwater impact
concerns of the Board and SPO. He discussed additional concerns of the SPOs regarding traffic
and indicated they are working with Public Works staff, who stated a four-way Stop is not yet
triggered. He further reviewed additional permits and requirements from other agencies. In
response to Commissioner Conway, Mr. York clarified the restoration of the reservoirs and
confirmed they have received approval of the ditch crossing. In response to Commissioner
Moreno, Mr. York reiterated the details of the community meeting.
• Nicole Cantrell, SPO, indicated the community met together prior to the meeting hosted by
the applicant. She provided a summary of the items discussed at the community meetings,
described exhibits she provided to the County Attorney (Exhibit AR) and requested the results of
the potholing at the access point near the pipeline discussed at the last hearing. She asked the
County and the applicant to set a weight limit on the truck traffic, stated the groundwater was only
measured during one season and mentioned the concerns of the SPOs regarding the
groundwater in other seasons. She further indicated the applicant agreed to monitor any well at
the request of an SPO, and limit the height of the stockpiles. She mentioned there are still
community concerns regarding screening, and the applicant is continuing to work with the SPOs.
Ms. Cantrell reiterated the community's request for a four-way Stop, and requested the Board
provide guidance on unrelated intersection concerns. She stated the applicant will include a "No
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HEARING CERTIFICATION - PIONEER LAND COMPANY, LLC, 0/O NORTHERN COLORADO
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Tolerance" or a "Three Strike" policy for truck driver behavior, and requested the policy be
included in the truck safety protocol given to drivers. She indicated they appreciate the signage,
and explained the change in location of the weigh station. She mentioned the applicant stated
there will not be parking, tarping or staging on CRs and asked Public Works to clarify the road
closure of CR 23 during construction of the road. Ms. Cantrell wanted to ensure the SPOs have
contacts to address any concerns they may have, and appreciated the Board's request for a
community meeting after the last continuance.
• Commissioner Conway addressed Ms. Cantrell's concerns unrelated to the case and
Commissioner Moreno thanked her for her comments. Chair Kirkmeyer also thanked Ms. Cantrell
for organizing the community and her presence, and she further addressed Ms. Cantrell's
concerns. Commissioner Conway informed Ms. Cantrell of the next State Highway 66 Coalition
meeting, which is open to the public. In response to Chair Kirkmeyer, Ms. Cantrell clarified the
correspondence with the applicant regarding groundwater and the well monitoring and requested
it be in formal documentation. Ms. Cantrell reiterated the Noise and the Visual Mitigation Plans
and explained her understanding of what was in place. In response to Ms. Cantrell, Chair
Kirkmeyer stated the speed limits could not be reduced near the site without the warrant met and
explained they will direct staff to evaluate the speed and traffic counts. In response to
Commissioner Moreno, Ms. Cantrell clarified her understanding of the truck weight limits and
requested the applicant limit the amount of gravel in the trucks.
• Brad Windell, SPO, stated he was happy with the applicant's progress and explained the
applicant had worked with him on a berm. He expressed concerns regarding the stockpile seeding
and dust, and provided recommendations. He stated there was no provision included for a "high
wind shutdown", displayed images of the site (Exhibit AS), and mentioned health concerns
regarding the dust. Mr. Windell asked if the backup alarms were a part of the noise study, and
mentioned there are alternative backup alarms. He expressed concerns regarding the hours of
operation, and stockpiling unmarketable material. In response to Commissioner Conway,
Mr. Windell referred to a wind speed study he submitted and Commissioner Conway explained
the dust standard of Weld County and the consequence of excessive dust. After further discussion
regarding the stockpiles, Commissioner Conway revisited Mr. Windell's concern regarding the
hours of operation.
Mr. York clarified the seeding of the stockpiles and Chris Zadel, Northern Colorado
Constructors, LLC, further explained the stockpile mitigation. Mr. Zadel reiterated they did agree,
as Ms. Cantrell stated, to limit the height of the stockpiles and Commissioner Conway confirmed
they contained unmarketable production stockpiles.
• Mr. York requested guidance from the Board regarding the truck weight restrictions, and in
response Chair Kirkmeyer, explained the purpose of an Improvements and Road Maintenance
Agreement and the annual review. She stated there will not be a weight limit of the trucks and
mentioned the majority of the applicant's haul route will be on highways, which must meet state
regulations. Mr. Zadel explained the signage and confirmed there is a Truck Driver Protocol.
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HEARING CERTIFICATION - PIONEER LAND COMPANY, LLC, C/O NORTHERN COLORADO
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e In response to Chair Kirkmeyer, Mr. Kwolkoski explained the backup alarms are included in
the basis sound used as developed by the Federal Highway Administration as a roadway
construction noise model. He further stated changing the type of backup alarm poses a safety
issue. Mr. York addressed the well monitoring as described by Ms. Cantrell, and Commissioner
Conway confirmed that needs to be initiated by a landowner. In response to Commissioner
Conway, Mr. York explained the video monitoring on the site, and in response to Chair Kirkmeyer
regarding the scale house, Mr. York confirmed, with a nod, that the change in location has been
included on the plat. In response to Chair Kirkmeyer, Mr. York clarified the retaining wall does not
impact site distance for the trucks entering off of CR 23, and there will be mature trees planted
for visual mitigation. He explained they will be using straw bales as temporary visual mitigation
and in response to Chair Kirkmeyer, the applicant's representatives clarified the hours of
operation discussed at the community meeting.
• In response to Chair Kirkmeyer, Mr. York indicated they reviewed, and agree to abide by,
the Conditions of Approval and Development Standards, as presented. Chair Kirkmeyer
requested a standard that required annual review of an Improvements Agreement (IA), and asked
for language for a standard for a Communication Plan and for signage at the entry way to be
included as a standard. Mr. Ogle and the Board confirmed COA #1.B and DS #25 can be deleted
regarding lighting.
Chair Kirkmeyer requested clarification of the haul route in COA #1.D, and suggested adding
the requirement for the Dust Abatement Plan, which was further clarified to be included in DS #6.
Chair Kirkmeyer requested additional language under COA #1.H regarding the Landscaping and
Screening Plan. The additional language was added to DS #6 and Chair Kirkmeyer recommended
a new DS #8 to address the Landscaping and Screening Plan and Mr. Ogle provided the
language. Commissioner Conway requested additional language to the original DS #8 to properly
address the noise standard, and after further discussion, the Board and staff agreed to the
additional language. Chair Kirkmeyer suggested adding language to DS #9 to limit the height of
the stockpiles, and adding language concerning portable toilet screening into DS #10. e Chair
Kirkmeyer referred to her previous suggestion regarding the IA and recommended adding a new
DS #19. Mr. Ogle suggested a new DS #20 for IA compliance. Regarding the previous signage
standard request, Mr. Ogle suggested adding language to DS #32 to address the entrance
signage and its requirements. Chair Kirkmeyer recommended adding the newly provided hours
of operation to DS #26 and the Board agreed to add a new standard as DS #27 to address the
applicant ceasing operation during wind events exceeding 30 miles per hour.
Mr. Ogle reminded the Board to add a condition regarding a Communications Plan, he
provided the language and the Board agreed to add the condition under a new COA #1.1.
In response to Chair Kirkmeyer, Mr. York indicated they had reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Pioneer Land Company, LLC, do
Northern Colorado Constructors, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0072, for Mineral Resource Development Facilities, including Open Pit
2018-3977
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HEARING CERTIFICATION - PIONEER LAND COMPANY, LLC, C/O NORTHERN COLORADO
CONSTRUCTORS, INC. (USR17-0072)
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Mining (sand, gravel and stone) and Materials Processing 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 Conway, and Chair Kirkmeyer stated the Board will accept the findings of Planning
Staff as their own. Commissioner Moreno thanked everyone including the applicant, surrounding
property owners and Ms. Cantrell for her thorough testimony. Commissioner Conway and Chair
Kirkmeyer concurred with the comments made and Chair Kirkmeyer reflected on the progress
made since the last hearing. She further warned that she lives in the area and will be in contact
with the applicant if they do not comply with the Conditions and Standards. There being no further
discussion, the motion carried unanimously and the hearing was completed at 12:16 p.m.
This Certification was approved on the 28th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: �JaAids/ eLto%cA
Weld County Clerk to the Board
BY:
Deputy Cle
APPRO,/ED A
Coun y Attorney
Date of signature: 3-12-19
rbara Kirkmeyer, hair
EXCUSED
Mike Freeman„ -Tern
can P. Conway
•OK OFFICE 01/02/2019
ott K. James
Steve Moreno
2018-3977
PL2529
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