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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 etPL o/TOI?w(mW), LH1u,) O2./N12.O2.O 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 2 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 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 3 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 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 4 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. 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 5 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, 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 6 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 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE. 7 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. 2019-4064 PL1983 HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660) PAGE 8 This Certification was approved on the 16th day of September, 2019. 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