HomeMy WebLinkAbout20194767.tiffHEARING CERTIFICATION
DOCKET NO. 2019-119.B
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 November 20, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
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:
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. Bob Choate, Assistant County
Attorney, made this a matter of record. In response to Chair Kirkmeyer, Mr. Choate confirmed the
applicant was requesting for the case to be continued.
J.C. York, J & T consulting, represented the applicant and stated they had sent a request to
the Department of Planning Services continue the hearing to work with surrounding property
owners (SPO), complete a groundwater model, and meet with surrounding well owners to discuss
the results of the groundwater model. He indicated they had been meeting with Rocky Francis,
SPO, regarding his well, explained they had done well inspections with him and Diana Taylor,
SPO, and stated they would like to continue that work prior to returning in front of the Board. He
stated they are in the process of designing the slurry wall for the original permit area and
mentioned the drilling for the subsurface investigation will begin in December, and the design will
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HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660)
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be completed in late January with the hopes to begin construction in March 2020. He noted they
are waiting on the related Change of Zone plat for COZ19-0001.
l Mel Bickling, SPO, explained the applicant failed to mention the Cease and Desist order for
mining outside of the permit boundary at the previous hearing. He noted the applicant was given
70 days for the original continuance, when 45 days was originally requested and they are once
again asking for a continuance. He mentioned the requests of the Board from the last hearing and
indicated the applicant had not completed the tasks within the 70 days. He stated the applicant is
unreliable and expressed concerns for Ms. Taylor and Mr. Francis regarding their wells. In
response to Chair Kirkmeyer, Mr. Bickling clarified the intent of his testimony was to express the
lack of confidence in the applicant based on the issues of non-compliance with the original USR.
Additionally, in response to Chair Kirkmeyer, Mr. Ogle explained the inclusions of the proposed
USR amendment, compared to the items included in the original USR for the existing mining
operations. Chair Kirkmeyer advised Mr. Bickling to direct any further questions regarding the
original USR to the Department of Planning Services. Mr. Bickling stated his opposition of the
continuance and after further clarification by Chair Kirkmeyer concerning the matter at hand, it
was concluded Mr. Bickling's comments were primarily regarding the existing adjacent USR and
not the expansion.
In response to Robert Francis, SPO, Mr. Ogle explained the applicant was presently operating
under a USR for the Loloff and Derr Mines. He mentioned the existing pits were not in compliance
with various permits and Chair Kirkmeyer re -explained the focus of the hearing was on the
expansion of the original USR and not the operating pits.
a Diana Taylor, SPO, reiterated the applicant does not follow through on their commitments
and explained they had checked her well twice; however, they had not communicated their
findings of the well inspection. She provided an image of her property prior to the impact of the
surrounding USRs (Exhibit P) and mentioned the backup of traffic due to the pits. She expressed
concerns with decreased property value and dust mitigation, and stated she was not in support
of the continuance.
Sylvia Parker, SPO, expressed she feels the applicant frequently requests continuances and
stated at some point they must comply or quit.
Commissioner Conway 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 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. The motion was seconded by Commissioner
Moreno, and Commissioner Conway reiterated the comments of Chair Kirkmeyer to encourage
the surrounding property owners to reach out to the Planning Department with their concerns for
the existing USR and thanked the SPOs for attending the hearing. The motion carried
unanimously and there being no further discussion, the hearing was completed at 11:11 a.m.
2019-4767
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HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660)
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This Certification was approved on the 25th day of November, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: thriL ;ii
Weld County Clerk tothe Board
BY: A11 „ V
Deputy Clerk to the Board
ara Kirkmeyer, Tjh it
Mike Freeman, Pro-Tem
2019-4767
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