HomeMy WebLinkAbout20194064.tiffHEARING CERTIFICATION
DOCKET NO. 2019-119.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MJUSRI9-08-1660, 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 September 11, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
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 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. Bob Choate, Assistant County
Attorney, made this a matter of record.
rim
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the applicant wanted to increase the area of mining from 32 to approximately 75 acres. He
described the adjacent County roads (CR) and indicated the site is within numerous referral areas.
He reviewed the referral response from the City of Greeley, which stated the site is within the
city's expected growth area. He explained access to the site will be from a Weld County managed
and maintained road, and does not require an access permit from the City of Greeley at this time.
He further explained, if there is a significant increase to traffic, the City of Greeley would request
a meeting with the Weld County Department of Public Works (PW) to discuss impacts and
improvements. Mr. Ogle stated the proposed permit area includes a residence, oil and gas
encompasses, and pipeline corridors, and he described the adjacent lands. He stated notice was
sent to 21 surrounding property owners (SPO), and indicated he had received eight (8) responses,
and two (2) telephone calls. He described the SPO concerns, which he explained the applicant
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had addressed through the Colorado Division of Reclamation, Mining and Safety (DRMS) permit.
Mr. Ogle stated the applicant is required to mitigate the impacts of mining and processing activities
on the property, reviewed the proposed parcel's historical use, and indicated there was presently
no irrigation water on the property. He explained the area within the permit boundary is
approximately 145 acres in area, and 75 acres within that boundary are to be mined and
reclaimed. He described the seven (7) phases of mining and stated annual production is expected
to be approximately 85,000 tons per month. He indicated reclamation will occur concurrently with
the mining activity as each phase is completed, noted the final depth of the pit will vary by location,
and the gravel deposit thickness varies from 0 to 90 feet in depth. He described stockpiles that
will be on the site and explained a brief timeline of the mining operations that will take 15 to 18
years to complete. He stated the pit will be slurry lined, dewatered, and dry mined when
groundwater is close to exposure, and noted the proposed mine will support wet and dry mining
operations, and stockpiling of processed materials. He explained all mineral product will be
transported by a conveyor or front-end loader to the processing facility, and the mined material
will then be trucked offsite. Mr. Ogle stated the applicant proposes to utilize a water truck for dust
suppression and abatement, indicated they will cease operations during high wind events and
mentioned there will be up to six (6) employees on the site during full mining operations. He
mentioned the site is classified as E4, according to the Weld County Sand and Gravel Resources
map, dated July 1, 1975, and stated the site is within the 100 -year floodplain. He explained
temporary stockpiles are not expected to impact the floodplain and the depth of water throughout
the property is expected to be one (1) to two (2) feet during a 100 -year flooding event. He further
explained the site precautions, which will be taken with the floodplain in mind, and stated the site
has an approved Flood Hazard Development Permit. He indicated the site is within the
Greeley/Weld Airport Overlay District Area and noted the FAA has confirmed there is no hazard.
He summarized the topics discussed at the August 2, 2019 community meeting with SPOs, and
described the reclamation inclusions. Mr. Ogle indicated 21 referral agencies reviewed the case
and five (5) agencies offered comments. He entered the favorable recommendation of the
Planning Commission into the record as written and presented images of the site and surrounding
views.
In response to Commissioner Conway, Mr. Ogle confirmed there is ongoing agricultural
production presently at the site. In response to Chair Kirkmeyer, Mr. Ogle indicated there will be
one (1) shift during daylight hours with six (6) employees.
Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated access for the site is on CR 41.5, also known as Balsam
Avenue. He indicated there were no traffic counts available; however, he provided the number of
vehicle and truck trips per day as stated in the application. He stated PW is requiring an
Improvements and Road Maintenance Agreement with triggers for off -site improvements, and
explained the site requirements for permanent tracking control. In response to Commissioner
Conway, Mr. McRoberts referred further clarification concerning truckloads to the applicant.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated bottled water and portable toilets will be acceptable for the scale house.
She explained the use is considered temporary, per Environmental Health (EH) policy, and
indicated the applicant had submitted a Dust Abatement Plan and is required to get an Air
Admissions Permit for the equipment and dust onsite. She stated the applicant did submit a Waste
Handing Plan, noted noise is restricted to the Industrial level, and confirmed the applicant had
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submitted a Noise Control Plan. She indicated they will have a thousand -gallon fuel tank and
Development Standard (DS) #3-19 address EH items.
J.C. York, J & T Consulting, represented the applicant and referenced the Division of
Reclamation, Mining and Safety (DRMS) permit from 2008. He presented a PowerPoint
Presentation (Exhibit O) and explained the current mining is in the original permit area. He
presented the beginning phase for the mining operation and explained the material for the road
base. He described the extracting, processing, and dust control, and using a displayed map,
indicated the original permit boundary, which he explained will not be entirely mined out for
approximately 10 years. In response to Chair Kirkmeyer, Mr. York clarified the phasing will start
in Section 5a, stated the material will be conveyed to the pit that is currently being mined within
the original USR, and provided the overburden material haul route to the adjacent Loloff Pit.
Mr. York additionally explained the phasing of the original and proposed permit, and stated, with
the DRMS permit, a slurry wall is required prior to exposing groundwater. He indicated mining will
continue to progress in the original permit area and explained the Reclamation Plan. He
reiterated they held a community meeting with SPOs, indicated traffic will remain the same as it
had been with the adjacent pits, and explained the truck traffic data. In response to Commissioner
Freeman, there was discussion clarifying that there will be no additional traffic. Mr. York described
the haul route and Chair Kirkmeyer requested the number of trucks that will be traveling east or
west on 8th street. Mr. York noted plans for future turn lanes and in response to Commissioner
Conway, Mr. York clarified no traffic will travel north. He described the proposed screening for the
access and referenced the SPO's screening requests from the neighborhood meeting.
:2 Mr. York noted the noise analysis had been updated since the Planning Commission (PC)
hearing due to missing berms. In response to Chair Kirkmeyer, Mr. York explained screening the
use from Mr. Murata's adjacent residence will be difficult, due to a slope in the topography;
however, he indicated there had been discussions with Mr. Murata concerning the screening.
Jeff Kwolkoski, reviewed the noise modeling procedures, and referenced the Industrial noise
limit. He described the displayed noise model map and stated the noise produced by the facility
is within the noise limit. In response to Commissioner Conway and Chair Kirkmeyer,
Mr. Kwolkoski indicated the noise model was done with the equipment operating at ground level
at the center of the site. He explained as the site is mined, Mr. Murata's residence will be mitigated
by the difference in terrain. There was additional discussion concerning the noise levels at
Mr. Murata's property boundary during the various phases, and Mr. Kwolkoski indicated there had
not been a formal study to evaluate the noise levels at Mr. Murata's residence specifically.
Chair Kirkmeyer recessed the hearing until 1:15 p.m.
Chair Kirkmeyer reconvened the hearing.
a. Mr. York revisited the previously asked question regarding traffic and stated 19 percent of
traffic will be traveling east and 81 percent traveling west on 8th Street. He explained the mining
operation associated with the original USR is approximately 15 feet below the surface and
mentioned how that impacts the noise levels. He described the proposed dust control and
indicated they have agreements with multiple SPOs regarding well monitoring and maintenance.
He further explained the use of monitoring wells and the measurements obtained from the wells.
Mr. York explained the slurry wall for the adjacent mine will be constructed, in 2020, and will
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require materials from the proposed mining operation. He further stated no groundwater can be
exposed at the new site until the slurry wall is built, therefore, no dewatering will occur until the
wall is in place to prevents impact to surrounding wells. He presented the well monitor readings
from September 2018, to August 2019, and reiterated the original permit, proposed mine and
Loloff pit locations.
In response to Commissioner Conway, Mr. York explained they had sent agreements to all
SPOs in attendance at the PC hearing and the community meeting, and estimated the depth of
the groundwater, and expressed they do not expect to hit groundwater in Phase 5a. Additionally,
in response to Commissioner Conway, Mr. York indicated water after reclamation will likely be
used for augmentation, and provided examples of the water use. In response to Commissioner
James, Mr. York explained the phasing of the site, and in response to Commissioner Conway,
Mr. Ogle described the PC vote to approve the case, and Mr. York briefly added to his explanation
of the phases.
Diana Taylor, SPO, expressed concerns with her well going dry, and mentioned promises the
applicant had made for dust mitigation and replanting trees that have been killed. She explained
she had been told the cement previously hauled to the east pit will be hauled to the west pit and
the cement will not be sanded, grinded or cut. She reviewed complaints concerning the adjacent
mining pits and indicated the State Engineer observed the surrounding chain -link fence on the
her property needs to be moved to align with the USR boundary. Ms. Taylor requested a written
record of any monitoring of her well and asked the Board to grant permission to the applicant to
move the dirt from the east pit to the west pit to minimize dust and visual impacts. She referenced
a Greeley Tribune article from 2007, which indicated the residences, landowners and Airport
manager hoped for the area to remain rural with low density land use. In response to Chair
Kirkmeyer, Ms. Taylor indicated she had an agreement in place with the applicant; however, it did
not explain how long it would take the applicant to fix a dry well and stated she hoped to minimize
the time frame if that should happen.
Ei Maria Petrocco, Law Offices of Maria Petrocco, represented Jim Koehler, and indicated the
Koehler Farm is directly across from the proposed mining site. She explained she had a similar
experience with the Martin Marietta project, as this case expressed concerns with the ability to
control dust. She continued to use her personal example with Martin Marietta to explain the
struggles of living near a USR similar to the proposed. She expressed concerns with the dust
impact to the crops, and concerns with noise, and truck traffic. She requested delay of approval
of the application until further data is obtained for the existing mines, including information
regarding traffic and dust control, and measures to protect water wells. She suggested a formation
of joint committee with the applicant and SPOs to develop "mutually accepted strategies" to
minimize the negative effects of sand and gravel mining. She questioned how the applicant is
going to enclose the crusher, and expressed concerns with equipment sprayers and air sampling.
She stated there will be aesthetic degradation to the Koehler Farm and residence and mentioned
her home value is 15 percent less due to the proximity to the asphalt plant. She reiterated her
request for the Board to delay approval of the case until further data is collected and an
SPO-accepted plan is in place, and stated the applicant needed to do their due diligence to be a
good neighbor.
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In response to Commissioner James, Ms. Petrocco indicated she wanted the applicant to
produce definite plans similar to those done by Asphalt Specialties and agreed to attempt to
provide the applicant with an example of those plans. In response to Chair Kirkmeyer,
Ms. Petrocco explained she advised Mr. Koehler to not agree to an agreement with the applicant
until after the PC and Board of County Commissioners (BOCC) hearing. She indicated the
proposed agreement is vague and on behalf of Jerry Winters, SPO, stated he also did not sign
the agreement pending the occurrences of the hearings. In response to Chair Kirkmeyer, Ms.
Petrocco explained the landscaping and attempted dust mitigation at the asphalt site adjacent to
her home and in response to Commissioner Conway, confirmed the Koehler farm is still in
operation and Mr. Koehler attended the community meeting.
Mel Bickling, SPO, provided a handout with letters of objection (Exhibit G) and indicated his
family has owned property adjacent to the Koehler's property for approximately 60 years. He
explained his handout, which included images of the location of the SPO's wells. He expressed
concerns with the wells on the Kohler's property and their distance from the proposed pit. He
stated there had been a decrease in the output of the well due to the proximity to the Loloff well.
Mr. Bickling referenced a letter from Dennis Hoshiko with concerns regarding the pit's impacts to
his well also. He mentioned a hydrology report completed by the Loloff pit, and indicated the
applicant had not completed a report to evaluate potential impacts from the proposed mine. He
expressed the applicant has had a tendency to be more reactive, rather than proactive, and
reiterated concern for the proposed pit's impacts to the Koehler property. He stated there needs
to be methods or techniques to help mitigate the negative impacts from the proposed USR. He
referenced Sections 23-2-370.D.9 and 22-5-70.B.4 (CM.Policy 2.4) of the Weld County Code,
and provided examples of the impacts the existing pits have had on the surrounding agricultural
land and wells. Mr. Bickling explained the applicant had received a Cease and Desist Order from
the Colorado Division of Reclamation, Mining, and Safety (DRMS) for mining an area without a
mining permit, which prompted the USR application process.
IR Mr. Bickling submitted a list of the waiver agreements which have been obtained or are being
pursued by the applicant and the structures the applicant will cover at those properties (Exhibit
H). He additionally submitted and summarized the Slurry Wall Assessment that was completed
for the Loloff pit (Exhibit I). In response to Chair Kirkmeyer, Mr. Bickling confirmed Exhibit I does
not include an assessment of Sections 33, 34, or 5 of the USR area and indicated on a displayed
map where the slurry wall is located. Additionally, he identified the locations of the Koehler,
Hoshiko, Winter, and Bliss wells referred in Exhibit G and reiterated the well impacts due to the
slurry wall. In response to Commissioner Conway, Mr. Bickling provided clarification of the
concerns mentioned in Exhibit G and reiterated the request for the SPOs to review the well
monitoring data. At the request of Commissioner Conway, Mr. Bickling submitted the findings of
the DRMS inspection that prompted the USR process (Exhibit J). In response to Commissioner
James, Mr. Bickling indicated, to his knowledge, there had not been a hydrology study completed
on the proposed property, within Section 33, 34 or 5. In response to Commissioner James, Mr.
Bickling explained he is a pilot and took the aerial images included in Exhibit G during the 2019
growing season.
El In response to Chair Kirkmeyer referencing Exhibit I, Mr. Bickling explained that although the
McGrane Slurry wall assessment indicated there would be a significant impact to surrounding
property owners, the study and model are not direct measurements from the corresponding wells.
He further explained how the model and study were built. In response to Commissioner Conway,
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Mr. Bickling additionally clarified he felt the pit will have a significant impact to the surrounding
wells as have the other adjacent pits.
▪ Sylvia Parker, SPO, mentioned the conditions of the area when she first moved to her home
and indicated she knew there would be an adjacent, future mine; however, she did not expect it
to be so 90 feet deep. She stated she and her family are opposed to all mining operations and
expressed concerns with the impact the pit will have to her health, and surrounding wells, stating
her well had gone dry from one of the adjacent pits, which was replenished in time. Ms. Parker
stated the agreement she signed lacked information and indicated she had given access to the
applicant to monitor wells. In response to Chair Kirkmeyer, Ms. Parker clarified her well is
presently operating after the year it took the applicant to correct, and explained the applicant paid
for her water when her well was dry.
a Rocky Francis, SPO, thanked Mr. York for his efforts but indicated all five (5) of his wells went
dry. He expressed concerns with increasing traffic and in response to Chair Kirkmeyer, indicated
on the displayed map where his properties are located. He explained he raises alfalfa when he
has water and described the traffic present. There was discussion concerning part of State
Highway (SH) 263 being annexed into the City of Greeley and additional conversation regarding
the accumulating traffic. He requested trees as visual mitigation and mentioned his
correspondence with the other mining operations. He indicated concerns with noise, dust, and
dewatering, and explained how he obtained water back into his wells. He stated he had been
augmenting his wells since 1984, and in response to Commissioner James, Mr. Francis
summarized the water rights he has associated with farming alfalfa. Commissioner James
expressed concern with the surrounding pits impacting farming operations and noise caused by
Jake breaks, and in response to Commissioner James, Mr. Ogle stated Jake breaks do not put
the USR in violation of the noise standard.
• In response to Chair Kirkmeyer, Mr. Francis reiterated all five (5) of his wells went dry,
indicated on the displayed map where his wells are located and stated he had lived in the area
since 1956. Concerning the earlier conversation regarding Exhibit I, he stated he felt the use will
have a significant impact and explained he has his own well monitoring technique.
E- Bernard Geisick, SPO, indicated he farms multiple properties adjacent to the site, including
Sections 5, 33 and 34. He stated the applicant had not explained the amount of water they pump
out everyday, which is more than the amount he uses to irrigate. He indicated he had lived in the
area since 1960, and had seen the change in the surrounding area. He expressed concerns with
traffic, and stated he contacted the County concerning the trucks interfering with farming
operations by entering and exiting the site at the wrong access. He mentioned additional concerns
with well impacts, and the timing of the visual and noise mitigation landscaping. In response to
Commissioner Conway, Mr. Geisick explained once the water is pumped out, it goes into a nearby
ditch and was unsure if it returns to the river. Additionally, in response to Commissioner Conway,
Mr. Geisick agreed a hydraulic study is imperative to see the impacts to the surrounding area,
and elaborated on his traffic concerns.
O Brian Murata, SPO, expressed concerns with signing an agreement for his domestic well,
dust, noise, and screening. He mentioned concerns with the property value impacts and in
response to Commissioner Conway, reiterated his request for potential landscaping. In response
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to Chair Kirkmeyer, Mr. Murata indicated where the road on the west side of his home is located
and approximated the road is a little more than eight (8) feet wide.
Carmen Juanicorena, SPO, requested the water truck take an alternate route and indicated
the location of her home and preferred truck route.
Chair Kirkmeyer temporarily closed public input.
El In response to Chair Kirkmeyer, Mr. York requested a 45 -day continuance to allow adequate
time to meet with neighbors and obtain data from wells for monitoring and comparing purposes.
Chair Kirkmeyer clarified the inclusions of the modeling and expressed concerns with the
hydrology study, landscaping, screening and maintenance plans. She referenced public
testimony concerning concrete recycling, expressed concerns with mitigation, and SPO
agreements. Commissioner James discussed the use's compatibility and stated he would like to
see a proactive plan involving SPOs to prove compatibility and mitigation ability.
Commissioners Moreno, James and Freeman indicated they were in support of a
continuance. Commissioner Freeman stated the importance of protecting the agriculture,
explained the statutory right to extract minerals, and mentioned the requirement for the Board to
find compatibility. Commissioner Conway stated he was in favor of a continuance, requested a
specific hydraulic study and traffic control plan, suggested addressing landscaping in a community
meeting, and referenced the letter from the DRMS, dated January 19, 2019. He agreed with the
aforementioned concerns of his fellow Commissioners and reiterated his support of a
continuance.
Chair Kirkmeyer stated her support of a continuance and listed her concerns to be addressed
by the applicant, which included noise impacts to adjacent neighbors, a hydrology study, the slurry
wall, compatible visual mitigation, and concrete recycling. Commissioner Conway mentioned an
additional concern with the noise study, and Chair Kirkmeyer stated there is a violation on Lot A
of the Recorded Exemption that will need to be corrected. She expressed doubt in trusting the
applicant to operate in good faith, when there is an existing violation.
Following discussion, the Board, the applicant and the public agreed November 20, 2019,
would work as a continuance date.
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 November 20, 2019 at 10:00 a.m. The
motion was seconded by Commissioner James, and it carried unanimously. There being no
further discussion, the hearing was completed at 3:10 p.m.
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This Certification was approved on the 16th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLfDRADO
ATTEST: diedivy o;04
Weld County Clerk to the Board
BY:�
AP
eputy Clerk to the Board
arbara Kirkmeyer`,
ronniRt
Mike Freeman, Pro -Tern
Se . Conway
cotmes
Attorney
Steve Moreno
Date of signature: (akAQ
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