HomeMy WebLinkAbout20181447.tiffBOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
1150 O Street, Greeley, Colorado 80634
TRANSCRIPT OF PUBLIC MEETING
DOCKET 2017-86.B, PART 2
IN RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR
TRUCK AND EMPLOYEE PARKING. IN THE A (AGRICULTURAL) ZONE DISTRICT -
CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC.
(9:25 A.M. TO 1:31 A.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Wednesday, November 8, at 1150 O Street, Greeley, Colorado, before
Tisa Juanicorena, Deputy Clerk to the Board.
I HEREBY CERTIFY that upon listening to the audio record, the attached transcript, as
prepared by Rebecca J. Collings, DausteriMurphy, www.daustermurphy.com, 303.522.1604, is a
complete and accurate account of the above -mentioned public hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Clerk to the Board
Os—01-Iq
2018-1447
pca5O.3
1
1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3 COMMISSIONER JULIE A. COZAD, CHAIR
4 COMMISSIONER STEVE MORENO, PRO-TEM
5 COMMISSIONER SEAN P. CONWAY
6 COMMISSIONER MIKE FREEMAN
7 COMMISSIONER BARBARA KIRKMEYER
8 ALSO PRESENT:
9 ACTING CLERK TO THE BOARD, TISA JUANICORENA
10 ASSISTANT COUNTY ATTORNEY, BOB CHOATE
11 PLANNING SERVICES DEPARTMENT, KIM OGLE
12 PUBLIC WORKS DEPARTMENT REPRESENTATIVE, EVAN PINKHAM
13 PLANNING SERVICES ENGINEER REPRESENTATIVE, HAYLEY BALZANO
14 HEALTH DEPARTMENT REPRESENTATIVE, BEN FRISSELL
15 APPLICANT REPRESENTATIVE:
16 ANNE BEST -JOHNSON, TETRA TECH
2
1 (Beginning of audio recording.)
2 COMMISSIONER COZAD: Are you ready? Okay.
3 Thank you.
4 So we're going to go ahead and reconvene
5 and call back up Docket Number 2017-86. We were in the
6 middle of our public hearing on Monday, and we took a
7 recess until today. And I'll just let the record
8 reflect that we are reconvening at 9:26 a.m. on
9 November 8, 2017.
10 Will you go ahead and read this back into
11 the record, and then we're going to go back just
12 directly into the public hearing.
13 MR. CHOATE: Sure, I'll make notice. So
14 for Docket 2017-86, this is Case USR17-0043. The
15 applicant is Cactus Hill Ranch Company in care of Simon
16 Contractors. The request is a Site Specific Development
17 Plan and a Special Review Permit for Mineral Resource
18 Development, including asphalt and concrete batch plants;
19 materials processing, crushing and screening; material
20 stockpiles; an office; a shop; outdoor truck and
21 employee parking in the Agricultural Zone District. Part
22 of the west half of Section 16, Township 7 North, Range
23 67 West of the Sixth Prime Meridian in Weld County.
24 Located south of and adjacent to County Road 80 1/2,
25 east of and adjacent to State Highway 257.
3
1 Notice was published October 20, 2017, in
2 the Greeley Tribune. (Unintelligible) Monday,
3 November 6.
4 COMMISSIONER COZAD: Very good. Thank
5 you.
6 We were in the middle of the public
7 hearing, so I'm just going to make a couple of quick
B announcements. I think I've already made the
9 announcement to make sure your cell phones are muted or
10 turned off so that they don't disturb the public hearing
11 or any of the process that we're going to go through
12 today.
13 We are limiting public input to three
14 minutes. I know there's been a couple people that have
15 asked me, they did sign up to speak but if they could
16 give their time to somebody else. I've already said yes
17 to one person, so as long as it's -- it's still within
18 the three minutes, I'm okay with doing that, but we will
19 try and keep our comments to three minutes.
20 And we do have a sign-up sheet. If you
21 were not signed up on the sign-up sheet, still would
22 like to be signed up on the sign-up sheet, I -- where is
23 it, Tisa? -- for public comment, if there's anybody else
24 that would like to make public comment that did not sign
25 up? So, if you'll just get signed up on the sign-up
4
1 sheet, that would be great. Then we can call you up
2 when we get to that point.
3 We'll go ahead and open up the public
4 hearing. There were a couple of people that were here
5 that said they could not come back, but there was one
6 lady, I believe it was Linda Tufts -- is Linda here
7 today? She said she was going to be here at 9:00, at
8 9:00.
9 COMMISSIONER CONWAY: She had the
10 petition, I believe.
11 COMMISSIONER COZAD: Is Linda Tufts here
12 today? The next person on the list was Don Frick. So
13 if Linda comes back, we'll just -- we'll let her come
14 up. Don, do you want to go ahead and come on up?
15 Please state your name and address for the record and
16 any continents that you have.
17 MR. FRICK: Don Frick, Fischer Brown
18 Bartlett & Gunn, 1319 East Prospect Road, Fort Collins.
19 I think you know we represent the Water
20 Supply and Storage Company who owns the Larimer County
21 Canal. And there are two letters in the record which I
22 think pretty well set forth our position. I'll try and
23 be brief.
24 The -- our position is the applicants in
25 this matter have to -- must have a written agreement
5
1 with the company in order to discharge water to the
2 company's canal from the proposed facility if the
3 historical discharges are altered in time, quantity, or
4 quality, which the proposed facility will do.
5 This is in accordance with drainage law
6 and with the Weld County Code. An agreement with the
7 company is necessary and essential to prevent the
8 adverse impacts of the ditch, its water quality, our
9 stockholders, and the tens of thousands of acres that
10 are irrigated thereby in Weld County.
11 Now, I want to elaborate on a couple more
12 points for the Board, The first is the timing of this
13 from the company's standpoint. This application, as you
14 know, has been in the works for several months, and the
15 intention has always been to discharge to the company's
16 canal.
17 We did not receive any proposed agreement
18 until Friday. And we have not had a chance to
19 meaningfully review that agreement. I looked at it
20 yesterday for the first time. And it's going to be a
21 complicated agreement that is going to be carefully
22 considered by the company and will probably take some
23 time to get done, if we can get done at all.
24 Second, you'll recall during the
25 applicant's presentation that they mentioned proposed
6
1 revisions to paragraph 1.E of the conditions of the
2 permit regarding storm drainage discharge to the canal.
3 We don't know what those changes entail yet, but my
4 understanding is that effectively what the applicant
5 wants in the condition is a requirement for an agreement
6 with the company or an attempt to get an agreement.
7 That same proposal was rejected by the
8 Planning Commission. And by the way, it was not until
9 after the Planning Commission rejected that proposal
10 until the applicants actually met with us to discuss an
11 agreement.
12 So this -- this condition of just
13 attempting to get an agreement runs afoul of basic
14 drainage law. You can't alter drainage on a
15 downgradient landowner and simply say, Well, we tried to
16 get an agreement, but we weren't able to, so we're just
17 going to do it anyway.
18 But more broadly speaking, it would
19 effectively eliminate county oversight of the use of
20 irrigation ditches for storm water runoff, with the only
21 condition being that the applicant try to reach an
22 agreement prior to utilizing irrigation ditches for
23 storm runoff with no actual agreements required.
24 Finally, I want to point out that we think
25 the applicant is intentionally withholding their
7
1 proposed revisions to paragraph 1.E until after the
2 public comment here in order to prevent us from being
3 able to comment on those proposed revisions.
4 Again, I'm speculating on what those
5 proposals entail, but based with on my prior discussions
6 with Mr. Lind, the proposals will not be acceptable to
7 my client.
8 Thank you, and I'm happy to answer any
9 questions you have.
10 COMMISSIONER COZAD: Okay. Any questions
11 for Mr. Frick? Commissioner Conway.
12 COMMISSIONER CONWAY: Mr. Frick, my
13 understanding is the Planning Commission basically told
14 the applicant, No, you can't do this, you've got to work
15 out an agreement. And you weren't contacted until last
16 week?
17 MR. FRICK: No, we were contacted after
18 the Planning Commission hearing, and we met with them to
19 talk generally. And then I did not get a proposed
20 agreement from them until Friday.
21 COMMISSIONER CONWAY: So in terms of
22 your ask-- are you asking us to continue this matter until
23 an agreement can be done or do you have a position?
24 MR. FRICK: Our position is simply that
25 the proposed facility cannot be constructed until they
8
1 have an agreement. Whether that's a condition of the
2 permit or whether the Board wants to continue the
3 matter, you know, it's up to you.
4 COMMISSIONER CONWAY: Okay. I'll ask the
5 applicant. Thank you.
6 COMMISSIONER KIRKMEYER: Okay. I have a
7 question.
8 COMMISSIONER COZAD: Go ahead,
9 Commissioner Kirkmeyer.
10 COMMISSIONER KIRKMEYER: So, again, just
11 for further clarification, because I'm -- I don't know
12 if you were here on Monday when I brought up the issue,
13 but -- so if they are not going to discharge in the
14 ditch, however, then essentially your discussion is
15 moot?
16 MR. FRICK: Yes.
17 COMMISSIONER KIRKMEYER: Okay. Because
18 I --
19 MR. FRICK: (Unintelligible.)
20 COMMISSIONER KIRKMEYER: -- I assumed, and
21 I know I probably shouldn't be assuming and I'm waiting
22 to hear as well as you are apparently as to what their
23 other suggestion is. But were you here on Monday when
24 I --
25 MR. FRICK: I was. I recall that. And,
9
1 yeah, if they want to discharge the waters someplace
2 else, then that's our standpoint.
3 COMMISSIONER KIRKMEYER: Okay. Let me ask
4 you this question, because I just learned a lot about
5 this yesterday in our Planning Commission training
6 essentially. With regard to historical discharge into
7 the ditch, is that something that still requires an
8 agreement as long as it is historical in nature?
9 MR. FRICK: It does not. Under drainage
10 law, we're required to accept that. But the very nature
11 of the facility, there will be an increase in storm
12 water discharge just because of the impervious area.
13 And that is, per se, not permitted under drainage law.
14 They're not required to accept that additional drainage.
15 And the water quality is probably the bigger concern,
16 though.
17 COMMISSIONER COZAD: Do you mind if I
18 just have a follow-up?
19 COMMISSIONER COZAD: Go ahead.
20 COMMISSIONER KIRKMEYER: No, go ahead.
21 COMMISSIONER COZAD: No, it's okay. Go
22 ahead.
23 COMMISSIONER KIRKMEYER: Well, I'm just
24 wondering if there is a condition that requires -- or
25 that states something similar to what you just stated
10
1 about historical drainage, if you had any suggestions on
2 language with regard to something of that nature.
3 MR. FRICK: I don't off the top of my
4 head. I think that it's basically impossible to do this
5 and live within the historical drainage just because the
6 basic fact of increased impervious area is going to
7 increase the discharge at the ditch. So, you can -- you
8 can craft language to that effect, but I don't think
9 it's possible.
10 COMMISSIONER KIRKMEYER: Okay. That's
11 good information. Thank you.
12 COMMISSIONER COZAD: I have a quick
13 question, then Commissioner Conway and then Commissioner
14 Moreno.
15 So just kind of following some of the
16 lines that Commissioner Kirloneyer was going with
17 historic drainage, does the historic drainage, in your
18 knowledge of what's required for a ditch company, does
19 that have to do with the character of the drainage as
20 far as the historic runoff quality of the drainage?
21 Like if it's coming off of a farm field,
22 that's different than coming off of a facility that's
23 got other materials that are not --
24 MR. FRICK: It's --
25 COMMISSIONER COZAD: -- not part of
11
1 agriculture, I guess is what I'm trying to say.
2 MR. FRICK: I'm not quite sure I follow
3 the question. The -- the -- it's -- drainage law, you
4 know, you have a reasonable easement over the
5 downgradient landowner for the discharge of storm water.
6 Now, there are water quality restrictions
7 on that that we've had problems with too, and you can't
8 just dump your waste in the ditch just because you
9 always put water in the ditch. So -- so there would be
10 grounds for injunction on that basis even if we didn't
11 have this facility going. Is that -- does that help
12 or --
13 COMMISSIONER COZAA: I think so. I think
14 what I was getting to is that, you know, if that
15 historically has had sheet flow drainage coming off of
16 that property and going into the ditch at a historic
17 rate, but then the use of the property changes -- and
18 whether it's imperviousness or materials that might be
19 stored on that property versus a farm field -- is that
20 changing the historic character of the water that's gone
21 into the ditch too? I guess that was sort of my
22 question.
23 MR. FRICK: Yes. Yes. And, again, this
24 is -- there's two prongs here. This -- they can't do
25 what they're doing under drainage law. All right? And
12
1 the county requires -- in its code requires an agreement
2 if you're under a permit to get an agreement if you want
3 to discharge to an irrigation ditch.
4 COMMISSIONER COZAD: So just one -- I have
5 one more question and then we'll go to Commissioner
6 Conway. So, if there -- if the applicant looked at --
7 and I don't know what their new proposal is -- but in
8 looking at their plans that they submitted initially, it
9 looked like they had some retention/detention ponds
10 where they had water quality features, and then they
11 were releasing at a below -- I don't know if it was -- I
12 think it was a below historic rate. They were releasing
13 at a lesser rate. So, in that scenario, is that
14 something that the ditch company would be willing to
15 look at with the applicant?
16 MR. FRICK: When we've talked with them,
17 we said, Well, we'll be willing to talk to you about
18 that. And we basically said, Make us a proposal. And
19 we got a proposal on Friday.
20 COMMISSIONER COZAD: Okay.
21 MR. FRICK: But I want to touch on that
22 water quality feature, the aqua -- aqua swirl.
23 COMMISSIONER COZAD: Swirl.
24 MR. FRICK: The -- we've talked about
25 testing the water quality in the ponds before they're
13
1 discharged, right? Well, my understanding of the aqua
2 swirl is the treatment happens when the discharge
3 happens. So you can't -- so -- so if it's contaminated
4 when you test the water in the detention pond, the only
5 way to treat it is to discharge it.
6 And if we don't have any guarantee that
7 the aqua swirl works as intended, the discharge has
8 already happened by the time we found out that the
9 treatment didn't work. And so I'm struggling with
10 how -- how as a company can we allow that when if it
11 doesn't work, we've already contaminated the ditch.
12 We don't know anything about this aqua
13 swirl. It might work, it might not. But we don't have
14 any guarantees, and we can't -- we can't just say we
15 think it's going to work, we hope it's going to work,
16 and then what's the remedy if a contamination does
17 occur?
18 COMMISSIONER COZAD: Okay. All right,
19 Commissioner Conway.
20 COMMISSIONER CONWAY: So to follow up, a
21 lot of my questions were what Commissioner Cozad asked,
22 so I'll limit to this. You believe at this particular
23 point in time, not having seen what their plan is --
24 which is kind of interesting that if they're really
25 being forthright on this, they would have given you what
14
1 their plan is and given you an opportunity to comment on
2 that plan. And I do think you raised a valid point,
3 keeping that from you would raise, if I was in your
4 shoes, concerns about that.
5 But the issue is your testimony here today
6 is that you really don't see how they're going to
7 prevent, because the imperviousness -- because you're
8 taking away land that would ultimately draw down some of
9 that water, which will then overflow even with the
10 retention ponds at a hundred -year -- I don't want to put
11 words in your mouth.
12 Based on what you've heard, the holding
13 ponds which they say are built to a hundred -year flood,
14 which means that once every hundred years it's going to
15 on average flood into your canal, correct?
16 MR. FRICK: That's -- the applicant can
17 talk about that. That's not entirely correct because
18 they're -- they're saying that -- and I want to make a
19 point here on this. They're saying that the ponds will
20 accept the hundred -year event and release it at the
21 five-year event. So that's not really the issue.
22 I do have a problem with -- and I forgot
23 to mention it, is that there is a hundred -year spillway
24 on this. Okay? This is not a typical detention pond
25 system. It's -- detention ponds are typically passive.
15
1 You know, the water flows in and there's an outlet that
2 discharges, right?
3 COMMISSIONER CONWAY: Right.
4 MR. FRICK: Here it's an active,
5 actively -managed detention pond. They have to go out
6 and flip a switch to release the water from the ponds.
7 And in the -- the requirement was that the ponds have a
8 spillway in the event that the ponds overtop.
9 And the only way that happens is if -- if
10 the outlet, the pumps or whatever they are, malfunction,
11 in which case then we do have a serious overflow into
12 the ditch in the hundred -year event, which is well in
13 excess of the historical event. So that's -- that's
14 another concern we have.
15 COMMISSIONER CONWAY: I just want to
16 understand -- not a water lawyer -- but you -- what
17 you're saying is that basically under law, under
18 drainage law, they really can't do this until they
19 address this central issue?
20 MR, FRICK: Correct.
21 COMMISSIONER CONWAY: Okay.
22 MR. FRICK: And, again, I think the
23 county's code is fully consistent with -- with that.
24 COMMISSIONER CONWAY: Colorado law?
25 MR. FRICK: Yeah.
16
1 COMMISSIONER CONWAY: Okay. Thank you.
2 COMMISSIONER COZAD: Okay. Commissioner
3 Moreno.
4 COMMISSIONER MORENO: Most of my questions
5 were asked, so the only simple one I'm going to ask is
6 you said if you did try to enter an agreement, it's
7 going to take time. How much time would that take?
8 MR. FRICK: I've thought about that.
9 It's -- you know, our board is meeting today, so the
10 next meeting is December. So even if we were internally
11 to come up with an agreement before then, I doubt that
12 the board would vote on it in December, and it would be
13 into January.
14 COMMISSIONER MORENO: Okay.
15 MR. FRICK: I mean, that's --
16 realistically, that's the earliest -- and that's
17 assuming we can come to an agreement. So --
18 COMMISSIONER MORENO: Thank you, sir.
19 COMMISSIONER COZAD: Commissioner
20 Kirkmeyer.
21 COMMISSIONER KIRKMEYER: Well, now I have
22 a couple questions. So back to Commissioner Conway's
23 line, what is in the statute is that you are required to
24 accept historical drainage, correct?
25 MR. FRICK: Well, I think it's common law,
17
1 but yes, yes.
2 COMMISSIONER KIRKMEYER: I think it's
3 actually even in law.
4 MR. FRICK: It could be. I --
5 COMMISSIONER KIRKMEYER: And then there is
6 also sections in law that our code is in compliance with
7 that require a certain amount of time for the five-year
8 and the hundred -year event to run off, dry off, right?
9 MR. FRICK: Correct.
10 COMMISSIONER KIRKMEYER: So that has to
11 happen as well. And then there's also the requirement
12 of the foot of free board essentially, just -in -case kind
13 of thing.
14 MR. FRICK: Right.
15 COMMISSIONER KIRKMEYER: Okay. So all of
16 that is in place. So my question -- my question,
17 because I just want to make sure that there was
18 clarification there, because if they come back with a
19 plan that demonstrates that, then they don't actually
20 need an agreement with the canal, with the ditch
21 company.
22 MR. FRICK: If it -- if they come to a --
23 I think that would be fair, yes.
24 COMMISSIONER KIRKMEYER: Okay.
25 MR. FRICK: But I think from the board's
18
1 perspective, you can make that determination. It's a
2 separate determination on our part. Again, we -- we
3 would prefer that the planning commission's language
4 remain the same, that it says they have to have an
5 agreement.
6 COMMISSIONER KIRKMEYER: Sure.
7 MR. FRICK: But if they come up with a
8 plan that I guess is acceptable without an agreement, we
9 have to look at it separately to say, We're still not
10 okay with this, and we'd be looking to file an
11 injunction.
12 COMMISSIONER KIRKMEYER: And I think
13 that's your -- the company's ability to do that. But,
14 you know, we have to look at it obviously, as you
15 already understand -- as you already outlined, is what
16 is actually in statute and state law and what's within
17 our code. And if they meet those provisions, in that
18 case there wouldn't be a need for us to have a condition
19 that says they have to have an agreement with you. And
20 I probably will --
21 MR. FRICK: Well, I guess --
22 COMMISSIONER KIRKMEYER: -- ask our county
23 attorney the same question.
24 MR. FRICK: I think the reason -- I mean,
25 the code is --
19
1 COMMISSIONER KIRKMEYER: I mean, I'm
2 obviously -- I'm not trying to get rid of the condition.
3 I'm just making sure that we all have an understanding
4 of what's actually in statute --
5 MR. FRICK: Right.
6 COMMISSIONER KIRKMEYER: -- and law and
7 what is required of the board, required of the
8 applicant, and required of the ditch company.
9 MR. FRICK: Right. If everything was
10 exactly the same as historical, there would be no
11 requirement for an (unintelligible).
12 COMMISSIONER KIRKMEYER: Okay. Thank you.
13 That helps. So then my question was this: What's been
14 going on with regard to the temporary batch plant
15 drainage?
16 MR. FRICK: You were not informed of that
17 when that came in, and my -- my understanding, I don't
18 know for sure, is that the drainage is still going to
19 the canal.
20 COMMISSIONER KIRKMEYER: But is it beyond
21 the historical --
22 MR. FRICK: I don't know.
23 COMMISSIONER KIRKMEYER: -- rate?
24 MR. FRICK: I don't know. Again, they
25 just came in and did it, and -- without talking to us
20
1 first. I don't know.
2 COMMISSIONER KIRKMEYER: And the ditch
3 company doesn't know either, then? So --
4 MR. FRICK: No.
5 COMMISSIONER KIRKMEYER: But if it was
6 beyond the historical rate, certainly you would have
7 cause --
8 MR. FRICK: Yes.
9 COMMISSIONER KIRKMEYER: -- to do what you
10 need to do legally.
11 MR. FRICK: Yeah. And I ---- right. And if
12 we looked at it and said, Yeah, we've got a ditch, yeah,
13 we'd be in court pretty quick.
14 COMMISSIONER KIRKMEYER: As you would with
15 anyone.
16 MR. FRICK: Yes.
17 COMMISSIONER KIRKMEYER: All right. Okay.
18 Thank you.
19 COMMISSIONER COZAD: Any further comments?
20 I didn't know if we wanted to -- because it looked like
21 Bob may have a (unintelligible).
22 COMMISSIONER CONWAY: Bob, go ahead.
23 MR. CHOATE: I'm happy to answer any
24 questions.
25 COMMISSIONER KIRKMEYER: My question got
21
1 answered.
2 MR. CHOATE: I was going to point out that
3 if you want the proposed development -- pardon me,
4 condition of approval, it has been submitted in the
5 record. But I don't suggest you debate those at this
6 point, but in case you care, it's in there.
7 COMMISSIONER COZAD: Okay. Commissioner
8 Conway.
9 COMMISSIONER CONWAY: It's a hypothetical
10 question, but you're representing the users of this
11 canal.
12 MR. FRICK: Uh-huh.
13 COMMISSIONER CONWAY: If a spill occurred,
14 toxins ran off of this site into the canal, what's the
15 consequences to your users?
16 MR. FRICK: Well, they grow crops that are
17 consumed. I mean, we're talking -- I mean, they're
18 poisons that are contaminating lands. And it's not
19 something that you can just -- you know, it goes away
20 with the next harvest, right? It's in the ground. It's
21 not -- and this is -- this is spread over thousands of
22 acres if a spill occurs. And, you know, you've got a
23 real problem. You've got thousands of acres of
24 potentially contaminated land.
25 COMMISSIONER CONWAY: Okay. Thank you.
22
1 COMMISSIONER KIRKMEYER: I have a question
2 now.
3 COMMISSIONER COZAD: Go ahead,
4 Commissioner Kirkmeyer.
5 COMMISSIONER KIRKMEYER: So do you have
6 any documentation from either the like Health Department
7 or a toxicologist or someone that backs up the comment
8 that you just made that it's poisonous?
9 MR. FRICK: No.
10 COMMISSIONER KIRKMEYER: Because, quite
11 frankly, there's a lot of things that come out of -- I
12 mean, all sorts of other land uses that go into ditches.
13 I mean, I live next to a wastewater treatment facility
14 that releases into the Bull Canal which is part of FRICO,
15 and I guess I hadn't heard that about it. I mean,
16 I heard about the heavy metals that's a concern
17 for certain animals if they're drinking. So I'm just
18 wondering if you have something to back that up, because
19 I'd like to see it.
20 MR. FRICK: No, it's funny you mention
21 that because I work on that too. No, that's fair, a
22 fair comment. I don't know. I'm speculating. But --
23 but I think it's, I would say, intuitively obvious
24 that -- it doesn't matter what the pollutant is, right?
25 It's an issue. And if there is a spill of something
23
1 else, it's the same problem. I don't think it's limited
2 just because this is an asphalt plant.
3 COMMISSIONER KIRKMEYER: Okay. But we
4 don't have any --
5 MR. FRICK: No.
6 COMMISSIONER KIRKMEYER: -- scientific
7 background knowledge or anything, a report that I could
8 look at?
9 MR. FRICK: No.
10 COMMISSIONER KIRKMEYER: Okay. All right.
11 Thank you.
12 COMMISSIONER COZAD: Okay. Any -- any
13 other questions for Mr. Frick? I already have these.
14 (Unintelligible) copy.
15 COMMISSIONER CONWAY: Oh, I thought --
16 UNKNOWN MALE: Oh, yeah.
17 COMMISSIONER COZAD: Okay, Thank you very
18 much. All right. Thank you, Mr. Frick. I appreciate
19 that.
20 And then I think I did see Ms. Tufts come
21 in, so if you'd like to come up. And if you'll state
22 your name and address for the record. Thank you for
23 being here today.
24 MS. TUFTS: My name is Linda Tufts. I
25 live at 39124 County Road 19. Do you want me to show
24
1 you on the map where I live?
2 COMMISSIONER COZAD: Sure.
3 MS. TUFTS: I do have a request. My
4 husband wasn't really able to finish, so he would like
5 me to read his comments as well as mine, if that's
6 possible. It might take me slightly over the three
7 minutes. So --
8 COMMISSIONER COZAD: Go ahead. That's
9 fine.
10 MS. TUFTS: Okay. So I will start with
11 his written comments that he had prepared.
12 Why did Simon Contractors chose this site?
13 When choosing a site for the temporary facility where
14 you have to use generators, propane bottles, and haul
15 water in, why would infrastructure such as electrical,
16 water and gas be a factor?
17 Why has there been almost no complaints
18 raised to the temporary site? What production level
19 have they operated in at the past few months? Why
20 haven't they started preparing recyclables and grinding
21 concrete into usable materials? And why has production
22 been minimal since the hearing on October 25th?
23 My point is this was never intended to be
24 a temporary batch plant. The intention was to get
25 operational as temporary and stay under the radar of the
25
1 community, thereby, minimizing local complaints. The
2 extent of full level of operations of this plant are yet
3 to be revealed to the public, waiting until after the
4 permanent status has been approved. At this point, when
5 full operation begins, it is too late for us to voice
6 our concerns.
7 I have heard the question raised by the
8 Commissioners several times: Did you complain or have
9 concerns with the temporary site? I live three -fourths
10 of a mile from the site, and I did not file a formal
11 complaint. I called the landowner when they started
12 preparing the ground. I was informed at that time the
13 plant was going in to help with road construction on
14 Highway 85 and it was only a temporary site.
15 Since I was assured it was only temporary,
16 why file a complaint? I tried to be a good neighbor,
17 accept their presence along with the inconveniences that
18 resulted from traffic, noise, dust, and safety because
19 it would not be here permanently.
20 I learned on October 21st from one of my
21 neighbors -- the same way the majority of the neighbors
22 found out -- that the temporary status may be changing
23 to permanent, and a hearing was coming up in less than a
24 week to make a determination on the permanent
25 application request. Again, I called the landowner to
26
1 verify what I was being told was correct.
2 Sorry, I'm nervous.
3 COMMISSIONER COZAD: You're doing fine.
4 MS. TUFTS: The answer -- I'm sorry.
5 COMMISSIONER KIRKMEYER: Just take a couple
6 deep breaths. Take a minute.
7 MS. TUFTS: The answer I received was that
8 they had already signed a ten-year lease agreement with
9 Simon Contractors. My question is how is this possible
10 when the property is zoned agricultural and the current
11 permit is only for temporary use?
12 All of the questions I've raised seem to
13 be able to be answered by the same response. The
14 intention has always been to establish a permanent site
15 and try to do it without any resistance from the
16 community by staying under the radar, misleading the
17 public as to the nature of their intentions.
18 Our community has been good neighbors to
19 this property owner and Simon Contractors, but we feel
20 that we have been deceived in this process. I ask you
21 to protect our neighborhood from becoming industrialized
22 by denying this application and assisting Simon
23 Contractors in finding a more suitable location.
24 That concludes my husband's remarks. Now
25 I will read mine. Do you have a tissue somewhere?
27
1 COMMISSIONER COZAD: I do. I always have
2 tissues because you never know. Usually I'm sniff --
3 UNKNOWN MALE: Kim, do you need one?
4 COMMISSIONER COZAD: Go ahead.
5 MS. TUFTS: It is so difficult to express
6 all of the thoughts, emotions, and concerns swirling
7 through my heart and mind about the issue of the asphalt
8 plant -- (unintelligible) --
9 UNKNOWN MALE: Just take your time.
10 MS. TUFTS: -- becoming a permanent
11 fixture in my neighborhood, and trying to express all of
12 that in three minutes. I ask each of you to think about
13 a time in your own experience and see if you can
14 remember when you've had to deal with a situation that
15 would impact the quality of your life, and yet you had
16 little control over resolving that situation.
17 Did you have a pit in your stomach and
18 have difficulty sleeping at night as a result? That is
19 what many of us -- thank you -- that is what many of us
20 are experiencing in this situation. We have moved to a
21 rural property to have a rural lifestyle. Many of us
22 were raised on farms and ranches. I want to pass that
23 along to our children.
24 What we did not move to the country to
25 experience was having it be industrialized, having
28
1 industrial companies in our backyard. If this permit
2 application is approved, will it open the door to
3 further industrial applications moving into our area?
4 In the months the asphalt plant has been
5 in operation, my family has had a few concerning
6 encounters with trucks coming in and out of the plant,
7 which I have expressed to the management of Simon
8 Contracting at the open house.
9 These issues involved the trucks cutting
10 off drivers approaching the intersection as they exit
11 the plant; trucks turning the corner short when they're
12 exiting 257, which would result in a collision if the
13 car at the intersection did not move back to yield to
14 the truck; and trucks parking at the intersection,
15 blocking oncoming traffic as they're trying to enter
16 Highway 257.
17 This is my third time coming into this
18 room listening to discussion on this application. On
19 October 25th I heard the Commissioners questioning an
20 applicant about parking three additional delivery trucks
21 on his property and whether or not these trucks turning
22 onto his property have an adequate turning radius, yet I
23 haven't heard a similar question or concern raised to
24 this applicant. There will be substantially more than
25 three trucks going in and out of this property each day.
29
1 On Monday, November 6th, I heard you as
2 Commissioners remark to an applicant that being a good
3 neighbor means doing more than meeting the minimum
4 requirements, but going above and beyond.
5 If you do approve this application, which
6 we are all praying you do not, I hope that you do
7 require this applicant to go above and beyond the
8 minimum requirements, that you would require landscaping
9 standards similar to what you have required with
10 previous applicants such as DCP, that you would re -find
11 enforceable ways to ensure dust requirements are met;
12 that noise limits be set at a residential level of 55
13 for daytime and 50 at night from the property line to
14 protect any current and future residential property
15 neighbors.
16 Another concern that has not been
17 addressed is the impact on the residential water use. I
18 fully empathize with my neighbors and their concerns for
19 the agricultural water use. I also have concerns about
20 the plant's impact on my own household water.
21 They are requesting a two-inch water tap
22 from North Weld County Water and will use up to
23 25,000 gallons of water a day. Many of us already have
24 water pressure issues. Our water pressure is so low
25 that we can't take a shower and water our lawns or run
3D
1 our dishwasher and do laundry at the same time. What
2 impact will adding this water tap to our current
3 waterline have on those of us that are further down the
4 line?
5 The questions just keep flooding my mind.
6 I implore each of you to think about us, your
7 constituents, when making this decision. Do what is
8 best for the people you represent, not necessarily what
9 is best for a company's bottom line. Thank you.
10 COMMISSIONER COZAD: Thank you, Linda.
11 Are there any questions for Linda? Thank you for being
12 here. We really appreciate you coming back since I knew
13 you -- you told us on Monday you weren't going to be
14 able to. So thank you for being here today.
15 MS. TUFTS: (Unintelligible.)
16 COMMISSIONER COZAD: I think we have you
17 signed -- we have you on the original list.
18 MS. TUFTS: Okay.
19 COMMISSIONER COZAD: So I don't think you
20 need to sign in. Okay. Thank you.
21 Ali right. We're going to go ahead and go
22 back through the list starting from the first page. And
23 we got through quite a few of them, but the next one on
24 the list was Lisa -- I think it's Carol() (phonetic). Is
25 Lisa here? She's not here? William -- I can't read the
31
1 last name. It looks like L-i-h-a-k-e?
2 MR. LAKE: Lake? Is that me?
3 COMMISSIONER COZAD: Are you at 9112 Weld
4 County Road 78?
5 MR. LAKE: Yes, I am.
6 COMMISSIONER COZAD: Come on up. Is it
7 Lake? Oh, now I can see it. Come on up and go ahead
8 and state your name and address for the record again.
9 Good morning.
10 MR. LAKE: Morning. Good to see all of
11 you. My name is William Lake, and I live on the
12 property here. I have two or three points that I want
13 to just talk about.
14 The traffic. You've got -- we're going to
15 have 250 trucks in a 24 -hour period. That doesn't seem
16 like much, I guess, to some. But that means that that
17 intersection is going to take 500 turns a day in a
18 12 -hour period. That's a truck every one minute and
19 30 seconds. That doesn't include the staff that's going
20 to be there, which it will be probably another 30 people
21 maybe. I don't know what they have.
22 But if you say 30, that would include 60
23 more of those. You have 4,000 automobiles, trucks,
24 et cetera, moving up and down 257 now. This -- the
25 street that they're turning on is a gravel road. The
32
1 actual gravel width is 21 feet. 21 feet is probably no
2 more than from me to you. That's not very much room for
3 semis to turn on.
4 And then they're going to have staging as
5 well. There will be staging on 257 to turn left.
6 There'll be staging on 80 1/2 to turn right to go north.
7 They're going to have three, four trucks going in and
8 out because they're going to have -- they're going to
9 have different things going on which will stop the
10 trucks from moving at a minute and a half.
11 So this is -- this is a silly thing. This
12 is not even fair to the people -- the 4,000 people
13 moving up and down the road in their (unintelligible),
14 because this is a very dangerous situation. And it --
15 to solve that problem, you're going to have to have long
16 turning lanes.
17 From the gravel road, it should be at
18 least -- you're going to have to triple the width of it
19 to 50 or 60 feet so that you can have one coming in, one
20 going out, and then you can have the neighbors have a
21 way to get off of the property that they're on to get
22 onto 257. So I -- I don't understand -- I don't
23 understand the thinking on that.
24 Now, as was just brought up, you had -- on
25 August 24 you had a young man here begging to have three
33
1 trucks off of his own property onto a paved road.
2 MR. CHOATE: Three minutes, Madam Chair.
3 COMMISSIONER COZAD: Thank you.
4 MR. CHOATE: Go ahead and finish.
5 MR. LAKE: And he had -- and you approved
6 it. But if you're going to approve this, of 250, why
7 would you want to -- why would you even bring the man in
8 here? Why don't you just change the rule?
9 So you've got to have major intersection
10 planning and you're going to have to have deceleration
11 lanes and turning lanes all the way back to the light
12 that's up on 14. This is a big project. This all has
13 to be done before somebody kills somebody, I hope.
14 So --
15 COMMISSIONER COZAD: Mr. Lake, you need --
16 MR. LAKE: That's one thing.
17 COMMISSIONER COZAD: Are you just about
18 done with your comments?
19 MR. LAKE: No.
20 COMMISSIONER COZAD: Okay.
21 MR. LAKE: That's one thing, I would like
22 to have a few minutes, if you don't mind.
23 COMMISSIONER COZAD: If you can kind of
24 try and summarize, that would be great.
25 MR. LAKE: Well, the second thing I'm
34
1 opposed to is water. As the lawyer or the gentleman
2 said, it cascades over several thousand acres. This
3 land and this water is a pristine water. It's one of
4 the best in the country, probably better than its
5 equivalent C -BT water, which you all are -- understand.
6 It comes from the same area. It comes from the west
7 side of the continental Front Range, and it's excellent
8 water. We don't want it contaminated.
9 Thornton owns half of it. They own half
10 of the ditch. Greeley has a contract, as I understand
11 it -- I haven't tried to sell any of it -- but they have
12 a contract to buy water out of this ditch whenever
13 possible. And I heard they just bought a farm so they
14 could take the water off of it. This is a high priority
15 ditch. And we don't want the contamination of this
16 product spread out across the acreage that we have
17 already. So that's that.
18 Then my final comment, if you haven't been
19 to road -- Highway 14 and 257, go up there. These
20 people have one of the most beautiful pieces of ground
21 in the country. You can see Pikes Peak all the way up
22 to almost southern Wyoming. It is fabulous country.
23 Industrialize that property, I feel sorry
24 they want to do that. They have the right to do it, but
25 I feel sorry they're doing it, because it is so
35
1 beautiful. And it -- I just can't tell you. Go up
2 there and see it if you have a minute. And it's just
3 fabulous. Anyway, those are my comments. Thanks for
4 allowing me to go over three minutes.
5 COMMISSIONER COZAD: Okay. Any questions
6 for Mr. Lake?
7 Thank you for being here today. We also
8 have Susan Lake. Are you speaking too?
9 MS. LAKE: Yes.
10 COMMISSIONER COZAD: Come on up.
11 UNKNOWN MALE: (Unintelligible.)
12 UNKNOWN FEMALE: (Unintelligible) turn in
13 my papers (unintelligible).
14 COMMISSIONER COZAD: Yes, you can. Come
15 on up and just give that to our county attorney.
16 UNKNOWN FEMALE: It has nearly a hundred
17 pages (unintelligible).
18 COMMISSIONER COZAD: Okay. Thank you,
19 Ms. Lake, if you'll go ahead and introduce
20 yourself, and name and address for the record.
21 MS. LAKE: My name is Susan Lake, and I
22 live at 9112 Weld County Road 78. We have been there
23 since 1980, and I -- (unintelligible).
24 COMMISSIONER COZAD: Is it the same place
25 where William lives?
36
1 MS. LAKE: Yes.
2 COMMISSIONER COZAD: I think they pointed
3 at it with the pointer, yes, thank you.
4 MS. LAKE: I raised Limousin cattle for
5 32 years. We still have some cattle, and we also did
6 grass-fed beef. We tried to be very good stewards of
7 our ground. Our cattle and our animals often drink out
8 of the north -- of the Weld County -- not Weld -- water
9 supply and storage ditch when we're irrigating.
10 I get really scared talking. I'm sorry.
11 My voice is shaking.
12 This is, as my husband said, some of the
13 most pristine water on the Front Range, and to even
14 think of allowing runoff to contaminate it is beyond my
15 wildest dreams that you would do that. Our animals do
16 drink this water. We sell hay all over the country. We
17 do a lot of hay. People ask for Lake's L -Arrow
18 (phonetic) hay.
19 These people have given their blood,
20 sweat, and tears to produce a living for their families
21 that they've dreamed about, as I have given 37 years to
22 our ranch. Please, please, I beg you, do not let this
23 happen. Thank you.
24 COMMISSIONER COZAD: Okay. Any questions
25 for Mrs. Lake?
37
1 Thank you for being here today. Nice job.
2 Okay. Next on the list we have Elizabeth
3 LaDue (phoentic). Is Elizabeth here today?
4 UNKNOWN FEMALE: No.
5 COMMISSIONER COZAD: Elizabeth is not
6 here? Okay. Let's see. We heard Jack -- we heard Jack
7 Winter, didn't we, on Wednesday? And let's see, we have
8 Daryn --
9 COMMISSIONER CONWAY: Yes, we heard from
10 Jack Winter.
11 COMMISSIONER COZAD: Yeah.
12 -- Daryn -- gosh, I can't read the last
13 name. It looks like Ard -- A -r -d -e --
14 UNKNOWN MALE: Anderson.
15 COMMISSIONER COZAD: Oh, it's Anderson.
16 Okay. Anderson. Is Daryn here? Okay. It looks like
17 Christian Schulte, you're up next. We are going to go
18 ahead and let Christian have six minutes, Mr. Choate,
19 because Amelia Tuttle (phonetic) is turning over her
20 time to him.
21 MR. SCHULTE: If I take six minutes, it
22 will be accidental.
23 COMMISSIONER COZAD: Okay.
24 MR. SCHULTE: Just a couple of things. I
25 think it's more important that you hear from the
38
1 citizens than from me specifically. I'm an attorney.
2 I'm retained by Mr. Moore.
3 I would like to say that at the Planning
4 Commission meeting, Mr. Moore spoke very movingly about
5 the farm that has been in his family since it got its
6 patent about a hundred years ago. He grew up here, that
7 he knows the neighbors here.
8 I fear that he was sufficiently upset
9 about the developments as they had occurred through this
10 procedure, that his remarks were a little mistemporate
11 (phonetic) than they were from the Planning Commission.
12 But I -- I think that does speak to the level of
13 importance that the people attached to this might change
14 the decision if you're going to be paying for them.
15 And I -- I think that -- that if I can
16 serve a service here, not being one of the local people
17 being impacted, it's to focus on -- on what I think I
18 see as the legal aspect which is in the bottom line,
19 which is you're looking to make a determination whether
20 this use is compatible with the agricultural and
21 residential uses that are already in there and that are
22 counting on in the future.
23 And the -- and we know that this is --
24 going in, we know that this is allowed by special
25 review. So I think the question is, as compared to
39
1 other agricultural land, is this particular location
2 suitable or compatible with the surrounding land as
3 compared to other agricultural land?
4 All agricultural land, is not all
5 agricultural land, is not all agricultural land. And I
6 think there are basically two things here that you need
7 to look at that might distinguish this from, say, the
8 Martin Marietta plant that's been referenced previously
9 at this proceeding, and that is traffic and the water.
10 Now, the -- I don't need to repeat the
11 facts, but I -- but I will a little bit. We're talking
12 about 500 round -- 500 ins and outs. And that's already
13 been mentioned that that's about every minute and a
14 half, based on a 12 -hour workday. And we already have
15 had staging on 80.5. We've had staging coming in. And
16 I just -- I just don't see what they can do about that.
17 Commissioner Conway remarked at an earlier
18 phase of this hearing, this is a pretty small area.
19 They're trying to squeeze a lot into a very small zone,
20 and that's one reason why this is not a compatible use
21 for this particular bit of agricultural land.
22 The -- it's a chokepoint. You've got this
23 tiny little road. Even if they pave it, it's not going
24 to solve the problem, because they don't have the width
25 to spare to do the operation they contemplate to do the
40
1 expansion that would be necessary to let 80.5 be used by
2 the people who live there and by these trucks rolling
3 through every minute and a half.
4 It's just not practical. There has to be
5 other agricultural land where that is not the issue.
6 For instance, at the Martin Marietta plant, they have
7 that huge circular kind of area that gives plenty of
8 room to get in there.
9 And the water, if you have a choice
10 between agricultural land that is not immediately
11 adjacent to a canal that irrigates 25,000 acres of
12 agricultural land, that's where you go. You don't
13 shoehorn this square peg into this round hole where --
14 where you are building this facility and hoping that
15 these innovative new techniques they've been discussing
16 will solve the problem. It's not compatible. You find
17 a place where that's not an issue. You find a place
18 where you're not adjacent to a water canal that feeds
19 25,000 people -- or acres of agricultural land.
20 My letter to this commission I think is
21 made part of the record as Exhibit BG. It's also
22 incorporated as an attachment in my letter to the
23 Planning Commission. The Planning Commission was not
24 unanimous in its recommendation. I was at a different
25 land hearing on another matter here, so when I -- I
41
1 heard a comment made by this board that well, of
2 course you're not bound by the Planning Commission's
3 decision -- a unanimous recommendation is something that
4 causes you to say, Well, hey, there's something here.
5 This was not unanimous. The Planning
6 Commission was clearly troubled by the issues that have
7 been raised by Mr. Moore initially and now all the folks
8 who have come in now that they've learned what's going
9 on here.
10 And the they were troubled about the
11 traffic. They were troubled about the water. There was
12 a question raised about property values, and Mr. Choate
13 directed them back to the specific words of the Code.
14 It doesn't reference property values.
15 But my comment on that would be that the
16 property values are a secondary effect. The property
17 values are affected because they are based on the
18 agricultural nature and residential nature of this area.
19 So the question isn't whether the property
20 values go down. It's why would the property values go
21 down? And that's because they are changing this --
22 this -- this area from its present and contemplated
23 future use to something entirely different.
24 And I think if you focus on those two
25 things, the question that can't really be answered yes
42
1 is, Is this really a compatible place as compared to
2 other agricultural land that does not present these
3 specific problems?
4 So on Mr. Moore's behalf, I'm asking you
5 to deny this application. It's not a compatible use.
6 (Unintelligible.)
7 COMMISSIONER COZAD: Okay. Any questions
8 for Mr. Schulte? Commissioner Conway?
9 COMMISSIONER CONWAY: Just one question.
10 I had not heard the 25,000 acres. Where is that
11 referenced in terms of -- is that what --
12 MR. SCHULTE: That's my understanding just
13 based on discussions with people knowledgeable about it,
14 I --
15 COMMISSIONER CONWAY: Okay. That had just
16 been the first number I'd heard in terms of acreage
17 (unintelligible) as a result of this.
18 MR. SCHULTE: My understanding is -- I'm
19 sorry. I didn't mean to interrupt.
20 COMMISSIONER CONWAY: Oh, no, you didn't.
21 MR. SCHULTE: My understanding just based
22 on conversations with people about this is that this
23 canal services 25,000 acres of agricultural land in that
24 area.
25 COMMISSIONER CONWAY: Okay. Thank you.
43
1 COMMISSIONER COZAD: Question? Go ahead,
2 Commissioner Kirkmeyer.
3 COMMISSIONER KIRKMEYER: You reference
4 property values as a secondary effect. Do you have any
5 research or data that you did that you can produce that
6 you wish to give to us that demonstrates that property
7 values next to batch plants produce a reduction in them?
8 MR. SCHULTE: I do not.
9 COMMISSIONER KIRKMEYER: Okay.
10 MR. SCHULTE: But what I have is just --
11 as a law firm that represents a lot of resident -- real
12 estate clients, clients make business decisions all the
13 time. And I know that among the real estate community,
14 if you're contemplating upscale residential use, a
15 concrete batch plant is a negative factor.
16 COMMISSIONER KIRKMEYER: So it's not --
17 MR. SCHULTE: That's anecdotal.
18 COMMISSIONER KIRKMEYER: So it's not so
19 much that the property values reduce. It's that the
20 potential for increase isn't as great?
21 MR. SCHULTE: That might be fair.
22 COMMISSIONER KIRKMEYER: Okay.
23 MR. SCHULTE: But -- but my whole point
24 was that the focus on property values, while outside the
25 Code, is -- is I think a lagging indicator to the
44
1 underlying problem which is in the Code, which is the
2 compatibility issue.
3 COMMISSIONER KIRKMEYER: No, I understood
4 that. I just wanted to know if you had any data or
5 anything.
6 MR. SCHULTE: I do not have any data with
7 me on that. I just have institutional experience in the
8 real estate area servicing clients who buy and sell --
9 UNKNOWN FEMALE: Excuse me.
10 (Unintelligible.)
11 COMMISSIONER COZAD: Okay. She'll have
12 her turn when she gets up. Thank you. We're still
13 talking with Mr. Schulte. Thank you.
14 COMMISSIONER KIRKMEYER: Thank you very
15 much.
16 COMMISSIONER COZAD: Anything else,
17 Commissioner --
18 COMMISSIONER KIRKMEYER: No, thank you.
19 COMMISSIONER COZAD: All right. Thank you
20 so much for being here. Appreciate it.
21 MR. SCHULTE: Thank you.
22 COMMISSIONER COZAD: Okay. Let me refer
23 back to my list. We kind of bounced around at the last
24 hearing, so I just want to make sure I've got everybody.
25 It looks like Laura Doyle, you're next. Come on up.
45
1 Okay.
2 MS. DOYLE: (Unintelligible.)
3 COMMISSIONER COZAD: Okay. Come up to the
4 microphone and state your name and address for the
5 record, please.
6 MS. DOYLE: Hi. My name is Laura Doyle.
7 I live at 8775 Weld County Road 80 1/2. I actually live
8 805 feet from the property that you guys are talking
9 about. (Unintelligible.) I actually live
10 (unintelligible) corner, but actually closer to
11 (unintelligible).
12 Anyway, I'd like to introduce this right
13 away. It is actually a study by Westford Clean Air that
14 states that property values do drop. It actually goes
15 over time.
16 COMMISSIONER COZAD: Okay. If you'll
17 submit that to our attorney, please.
18 MS. DOYLE: I'm going to run through this
19 real quick because you have actually two probably
20 volumes of what I've submitted, involving medical
21 periodicals and stuff, so I'm going to go quick.
22 The plant is not a sterile one. It has
23 steam, toxic dust, particles, especially PM2.5. I've
24 actually submitted 12 different studies where it
25 actually causes damage to your lungs, silicosis,
46
1 pneumocosis (phoentic), lung cancer. It actually
2 hardens the lower layers of your lungs. I'll be glad to
3 get those for you. There's actually a list submitted to
4 Mr. Ogle.
5 Nobody -- I just want to clarify. The
6 science that you guys talk about at the EPA is different
7 than the medical periodical. Science for the EPA looks
8 at the populations and how many could be affected. They
9 actually accept losses. Medicine actually wants to go
10 ahead and try to treat people and alleviate the symptoms
11 that they actually have from these issues.
12 So that is my problem. There is no safe
13 level of PM2.5, and the EPA states that. It will cause
14 the most damage especially to this area because they are
15 talking about running 24/7, which means I won't just
16 have a stage level for 12 hours, according to the EPA.
17 Now they want to just dump it on us 24/7. I don't agree
18 with that. If I wanted to do that, I would go septic
19 (unintelligible), but that's my feeling. That's not
20 any -- in any periodical. Sorry, I'm getting a little
21 emotional here.
22 The facts are there's 48 compounds,
23 metals, particulate gases that are formed at this site.
24 Only eight are naturally occurring, and arsenic is
25 actually an inorganic particle off of this cement plant
47
1 when they start crushing.
2 Benzine is actually off of gas. It's a
3 natural occurring particulate or an actual -- it's a
4 solid, actually. It's not solid; it's a liquid. I have
5 proof that it -- it attacks groundwater, and it takes
6 days, years to actually -- 20 years to get out of the
7 ground, and I'll submit that.
8 I have a letter from a doctor that
9 actually practices chronic medicine and internal
10 medicine that states this is dangerous to your health.
11 He would not say it's not (unintelligible.)
12 I actually have --
13 COMMISSIONER COZAD: Just take your time
14 and go -- and pick those up. You'll be fine.
15 COMMISSIONER CONWAY: You're fine.
16 COMMISSIONER COZAD: You're fine. Go
17 ahead and pick your things up. It's fine. Go ahead.
18 MS. DOYLE: All right. I actually have
19 periodicals here. I have pictures of lungs that I
20 wasn't going to put overhead, but just to show
21 everybody, this is the level -- I have actual numbers of
22 where the particulates hit in your lungs, if you would
23 like to see that. We're talking about this level right
24 here, the level that all the pulmonologists can't even
25 get to. You're going to suffer effects once the dust
48
1 starts gathering.
2 I actually have -- I had spreadsheets of
3 how far it travels and everything, but that doesn't
4 really matter. I have pneumococcal areas and studies.
5 I have silica infections from the silica dust that flies
6 off of the cement. These are chronic things that lead
7 to COPD and eventual death.
8 I actually have -- and I'm not sure I want
9 to go ahead and go into this -- all the studies of
10 PM2.5, but I'm sure the people behind me have heard of
11 this flying off of their plants, with or without dust
12 particles.
13 I actually did a study -- and I want to
14 skip from health effects to the actual region. I don't
15 know if anybody's taken the time to list off all of the
16 12 different asphalt plants and cement plant areas and
17 where they actually have different plants in the area of
18 north of Colorado, but I did, and I have a copy.
19 This is what it looks like when you
20 actually give a color -coding in region. They actually
21 cover a lot of properties. And I'll name people. I
22 have Lafarge. I have Asphalt Specialists. I have
23 Best Way. I have Simon. I have Asphalt -- I said
24 Asphalt Specialists, Lafarge. I have Loveland
25 Ready -Mix. I have Connell. I have -- I have Keen. I
49
1 have Best Way Aggregate, Martin Marietta. And there's
2 somebody out in Ault.
3 This is what it looks like. I want to
4 know, is this a want or a need for this area? Please
5 tell me. It may be a need because they want to
6 infiltrate a market. It is not a want unless we're
7 exporting to China all these -- this asphalt and
8 aggregate.
9 So I will go ahead and submit that to you.
10 You can't find that anywhere. Sorry. I had to do it
11 myself. I called all the counties, and nobody actually
12 had a composed list, so thank you for your time.
13 I also want to know -- I was the one that
14 made that complaint against this company. I'm the one
15 that called the first day they started clearing ground.
16 I'm the one who called Evan to find out who this company
17 was, since there were no signs, no traffic safety,
18 nothing.
19 I was told by Mr. Pinello that if I had a
20 concern, I was to call him rather than bother you guys.
21 I did try to call him. I was actually the delivery site
22 for their company for three and a half months. Many
23 days, many hours, I was woke up. I let him know. I was
24 actually on their property. I've actually probably been
25 a problem.
50
1 They continue to impact my life. And now
2 when I call the public health -- because 60 -mile -an -hour
3 winds are blowing dust into my barn, and it looks like
4 inside my barn is on fire -- they tell me that they are
5 not coming out until the winds go down below 20 miles an
6 hour. That is a wrong way to do business in a
7 residential farming area.
8 That is not fair. They don't have the
9 right protection to keep the dust down. They're not
10 keeping my animals safe. And if they start discharging
11 into that ditch, that's what my dogs swim in. That's
12 where my animals drink from. You might as well just
13 shut me down.
14 You've actually agitated me, you've made
15 me a business, you've broken codes, and this is where I
16 am. This is a wrong place for it. I -- I just have to
17 tell you. I have pictures where there's many plants are
18 on a hundred acres or more. Why are they doing this?
19 And I actually went -- I spent a lot of
20 time as a working nurse -- I work overtime --
21 Los Villalobos over by the Loveland/Fort Collins Airport
22 will be getting done with their 1-25 project. They have
23 a hundred acres over there. Here's a picture of it.
24 I'll submit this too.
25 They've not been contacted. They've not
51
1 seen anybody out there. Fox Burgers out by Wilmington
2 claim they were contacted by this company. They offered
3 over a hundred acres, but they only wanted to lease it.
4 I want to know why we've not looked at other options.
5 And before I start crying -- because my
6 goats are getting sick, and this company doesn't care.
7 I reported damage on my property from semi trucks going
8 around hitting fences, running over my piles of stuff.
9 They've made damage, and you know what I get from
10 Mr. Pinello is that's the carrier's responsibility.
11 No, it's not. You Google Mapped my
12 address and made me your company address. This company
13 is not responsible. Once they start bringing in
14 chemicals, what's next? You're going to Google Map
15 where they're going to be dumped? I mean -- that is my
16 point. That's a business practice. That's not fair.
17 They have a lot of competition, and I
18 would welcome some other people to come see what they
19 can (unintelligible) mitigate if they don't have any
20 (unintelligible) at it.
21 COMMISSIONER COZAD: Okay. Ms. Doyle, I
22 have a really quick question for you. You submitted a
23 whole bunch of documents yesterday. I think we had like
24 at least 300 pages.
25 MS. DOYLE: (Unintelligible.)
52
1 COMMISSIONER COZAD: Is some of that -- is
2 that what you're submitting to us today as well?
3 MS. DOYLE: No, (unintelligible).
4 COMMISSIONER COZAD: These are new things?
5 Okay.
6 MS. DOYLE: I have studies. I have ground
7 well studies of benzene and asphalt runoff that -- in
8 California. I have road and bridge, which actually
9 supports their company, showing lead -based products that
10 sit in the groundwater and actually leach into well
11 water.
12 COMMISSIONER COZAD; I just wanted to make
13 sure, because we just got that yesterday. I know I
14 didn't have time to -- to look through it all. And so I
15 just wanted to make sure the things you're submitting
16 today are different than what you submitted to us
17 yesterday since that was so many pages.
18 MS. DOYLE: I'm sorry.
19 COMMISSIONER COZAD: That's okay.
20 MS. DOYLE: (Unintelligible) bunch of
21 stuff, and now it's fallen on the floor.
22 COMMISSIONER COZAD: That's all right.
23 MS. DOYLE: I have nice pictures of nice
24 responsible companies on hundred acres or more in
25 (unintelligible) states.
53
1 And I am going to pull it out, because
2 it's true, that there's a black -tailed prairie dog that
3 was on my property last year. My dogs almost got it.
4 But it's an endangered specie in the area, and Weld
5 County has notified it -- or noticed it as an endangered
6 specie. I have a nice little picture of him.
7 COMMISSIONER COZAD: Okay.
8 MS. DOYLE: There you go. I had the
9 (unintelligible) endangered species off the Weld County
10 site --
11 COMMISSIONER COZAD: Okay.
12 MS. DOYLE: -- if you'd like to see it.
13 COMMISSIONER COZAD: All right. Thank
14 you.
15 Any questions for Ms. Doyle?
16 COMMISSIONER CONWAY: I do.
17 COMMISSIONER COZAD: Go ahead,
18 Conunissioner Conway.
19 COMMISSIONER CONWAY: Go ahead and submit
20 and then -- take your time. Take your time. Go ahead.
21 When you're ready.
22 So you've done a lot of research on this.
23 So you heard the applicant say that, you know, they had
24 a criteria. (Unintelligible) circumference had to be
25 near 1-25 and 14. That was their criteria that
54
1 (unintelligible). Were you able to identify any
2 industrial -zoned properties within that circle that they
3 say they couldn't find, and that's why they needed to go
4 through this process on an agland?
5 MS. DOYLE: Well, I have been looking and
6 talking to people and I've been asking. But more
7 importantly, there's a COOT area that's just a little
8 bigger than this property just to the west of Nels'
9 house, Nels Nelson, that's actually (unintelligible)
10 this up for sale, and it actually still has CDOT
11 materials. It's right off of 14, probably about five,
12 six miles to the west of 14 and 257.
13 COMMISSIONER CONWAY: Okay. Is that in
14 Weld County or Larimer County?
15 MS. DOYLE: It's Weld County, yes.
16 COMMISSIONER CONWAY: Five miles west of
17 this location?
18 MS. DOYLE: Yeah.
19 COMMISSIONER CONWAY: Okay. Okay. But --
20 okay. Because I know you were showing and submitting to
21 the record some (unintelligible), so I just didn't know
22 in light of the fact that the applicant had said they
23 just couldn't find any other locations if you, through
24 your research, were able to identify any potential
25 industrial (unintelligible).
55
1 MS. DOYLE: That's what I would like you
2 guys to consider, not only how overserved we are, but
3 maybe if they had a little more time, they could find a
4 more appropriate (unintelligible) to be
5 (unintelligible).
6 COMMISSIONER CONWAY: I just didn't know
7 if you had -- you've done a lot of research, so I wanted
8 to ask the question. Thank you.
9 MS. DOYLE: Thank you.
10 COMMISSIONER COZAD: Thank you. Any other
11 questions for Ms. Doyle?
12 COMMISSIONER KIRKMEYER: No.
13 COMMISSIONER COZAD: Are you turning in
14 all that stuff? Okay, great. I just want to make sure.
15 MS. DOYLE: I was just trying to get --
16 COMMISSIONER COZAD: That's okay. Just
17 give it to Bob. He'll take care of it. Okay. If
18 there's no other questions for Ms. Doyle, we'll keep
19 going down the list. It looks like Phil Sweeney.
20 MS. DOYLE: Actually, I do have one thing
21 I would like -- one more (unintelligible). There's
22 batteries and there's tires (unintelligible) --
23 COMMISSIONER COZAD: Can you go and speak
24 into the microphone? I'm sorry. We need to get this
25 recorded.
56
1 MS. DOYLE: I just have a picture way in
2 the back of their semi sitting there. I've been
3 actually talked to about just driving up the road and
4 taking pictures. They seem to think that the road is
5 private and I can't take pictures of their site.
6 But I have a nice picture -- can you flip
7 back? It's on the roadside, and it actually has a bunch
8 of spare tires. It has the same pictures that Mr. Moore
9 had of some empty oil cans. One kind of is loose. But
10 then right on this flat-bed trailer, there's actually a
11 battery wrapped up in an old inner tube, and then
12 there's actually a half -empty antifreeze thing.
13 So I would like, if they actually think
14 they're going to practice here, they would get some
15 storage and put those in and keep them away from the
16 animals that run through there. If my dog drank
17 antifreeze, he'd be dead.
18 COMMISSIONER COZAD: Okay. Thank you.
19 Did we find the picture?
20 MS. DOYLE: (Unintelligible.)
21 COMMISSIONER COZAD: Okay. It's part of
22 your -- part of your record.
23 COMMISSIONER CONWAY: It's okay. It's
24 okay.
25 MS. DOYLE: Thank you. Thank you,
57
1 everybody.
2 COMMISSIONER COZAD: Thank you. Thank
3 you.
4 COMMISSIONER CONWAY: Thank you for
5 coming.
6 COMMISSIONER KIRKMEYER: Madam Chair.
7 COMMISSIONER COZAD: Go ahead,
8 Commissioner Kirkmeyer.
9 COMMISSIONER KIRKMEYER: Mrs. Doyle, can I
10 just get you to move up right over here next to the
11 county attorney? That would be better so that we're --
12 and then take -- and then you can take your time.
13 COMMISSIONER CONWAY: (Unintelligible)
14 next (unintelligible).
15 COMMISSIONER COZAD: Thank you.
16 Okay, Mr. Sweeney, come on up.
17 MR. SWEENEY: (Unintelligible) Mr. Moore
18 (unintelligible), first off, thank you (unintelligible).
19 COMMISSIONER COZAD: Can you go ahead and
20 restate your name and address?
21 MR. SWEENEY: I'm at 39256 Weld County
22 Road 19.
23 COMMISSIONER COZAD: Okay.
24 MR. SWEENEY: I'm less than a mile from
25 these people.
58
1 COMMISSIONER COZAD: We have the map back
2 up. Can you show us?
3 MR. SWEENEY: I'm (unintelligible) right
4 here. And the road (unintelligible) -- run a batch
5 through.
6 My biggest issue is with the trucks coming
7 and going. My wife had a stroke late June, and I have
8 to take her into town. And we've (unintelligible)
9 Prospect, so I use 80 1/2, which is the closest to me,
10 and three times I've had their semis cut me off.
11 They pull out -- they see you coming and
12 they pull out of there anyway. They don't stop at their
13 stop sign that they have on their yard. They come right
14 on out. I mean, you know, we're driving a little Buick.
15 We don't have a chance. It's just a matter of time
16 before something bad really happens.
17 And really, this -- this has no place in
18 this neighborhood. It's just wrong. I think the reason
19 they're picking this spot is that Nelson sold out cheap
20 to them, really, you know, bottom line.
21 Y'all mad (phonetic), I really don't have
22 much to say. I think it's terrible they would do this
23 for their own neighbors. It says a lot about them.
24 COMMISSIONER COZAD: Okay. Questions --
25 MR. SWEENEY: That's all I really have to
59
1 say.
2 COMMISSIONER COZAD: Okay. Thank you.
3 Thank you for being here.
4 MR. SWEENEY: This is upsetting to me.
5 We've been there 17 years. They have no clue
6 (unintelligible). And when you all first started these
7 hearings and stuff, I was dealing with my wife's stroke,
8 so I couldn't make any of them. Of course I didn't know
9 about it. Until Tom Moore got ahold of me, nobody knew
10 this was going on.
11 COMMISSIONER COZAD: Okay.
12 UNKNOWN FEMALE: Question: Can I get your
13 name again, please?
14 MR. SWEENEY: Phil Sweeney.
15 COMMISSIONER COZAD: Phil Sweeney.
16 UNKNOWN FEMALE: Thank you. I was --
17 thanks.
18 MR. SWEENEY: I didn't shame on the whole
19 outfit. They talk about best practices; it's a joke.
20 It's a mess. And it's not -- the site is not near big
21 enough for what they want to do. They haven't even
22 really started crushing or anything yet. It's only
23 going to get worse.
24 COMMISSIONER COZAD: Okay. Any questions
25 for Mr. Sweeney? Okay. Thank you for being here today.
60
1 MR. SWEENEY: Yep.
2 COMMISSIONER COZAD: Looks like Rosemary
3 Rowe (phonetic) is next. Is Rosemary here today? Okay.
4 How about Curt Thornton? Is Curt Thornton here today?
5 Let me just go back to a couple of people that we -- I
6 want to go back through the list.
7 So we heard from Bill Lentz, Eric Steidl,
8 Peter Hyland, Kathleen Pirrone, Joe Pirrone. This
9 person didn't say yes or no: Sarah Boustred? Did you
10 want to speak today? Go ahead and come on up.
11 Okay. Hang on just a second. Okay.
12 We'll just ask if anybody else wants to come up and
13 speak. Okay.
14 All right. Sarah, do you want to go
15 ahead? Thank you for being here today.
16 MS. BOUSTRED: Good morning, Madam Chair.
17 Thank you for this opportunity to -- to speak. My name
18 is Sarah Boustred, and I live at 37085 Soring Eagle
19 Court, and that's in Soring Eagle Ranch, just south of
20 the proposed plant.
21 UNKNOWN FEMALE: I'm sorry, ma'am. I'm
22 having difficulty hearing you. Could you move just a
23 little bit -- thank you so much. I appreciate it.
24 MS. BOUSTRED: I'm grateful for the
25 opportunity to share some thoughts regarding the
61
1 proposed Simon Asphalt Concrete plant. I was alerted to
2 the matter at hand by a concerned neighbor, and have
3 attended three informational meetings, and not one of
4 these meetings has changed my viewpoint. In fact,
5 they've only served to strengthen my oppositional
6 resolve.
7 Before I continue, though, I'd like to
S express some personal sentiment and my sincere
9 appreciation to those amongst us who have taken time
10 from their busy lives to speak up and be heard. And in
11 particular, I'd like to recognize and praise the unsung
12 heroes among us: our farmers.
13 Seldom do they receive any gratitude.
14 Sitting through the meetings and hearing them speak with
15 such passion and eloquence, I am again reminded and
16 humbled by their hard work, their diligent labor, and in
17 this case, their great concern for the stewardship of
18 the land, the water, livestock, and lives that they're
19 entrusted with, their responsibility to ensure a safe
20 food chain that ensures food gets safely onto all of our
21 tables. Our dependence on our farmers is a sobering
22 thought. Thank you to them for representing us citizens
23 so diligently.
24 I am deeply concerned about the proposed
25 plant moving forward for all the reasons already
62
1 mentioned on Monday. Air quality, dust pollution,
2 contamination of groundwater and agricultural
3 irrigational canals, noise, traffic, and light
4 pollution.
5 We live and work in an increasingly
6 rapidly -developing high -density area with many
7 subdivisions proposed as well as many under
8 construction, and to the proposed ballpark, which has
9 already broken ground, as we all know.
10 I call upon my own conscious to stop this
11 kind of industrialization from creeping in and to
12 protect our farmers and our citizens by denying this
13 application and moving this plant to an area with far
14 less environmental impact where there is a low density
15 of dwellings and where the prevailing winds will not
16 blare the pollutants directly towards the high -density
17 neighborhoods of Weld County.
18 Let us learn from history and other places
19 around the country that have suffered industrial
20 contamination, to avoid a Flint, Michigan, or Durango
21 Animas River in our area happening before it's too late.
22 With medical degrees and a public health
23 degree, I oppose the claims made on Monday to the effect
24 that there is zero impact imposed on health and the
25 environment.
63
1 MR. CHOATE: Three minutes, Madam Chair.
2 COMMISSIONER COZAD: Thank you.
3 MS. BOUSTRED: With such an operation, in
4 effect, one only needs to read the EPA's website to know
5 that they list the cement manufacturing sector as the
6 third largest source of industrial pollution, and it
7 concerns me that Weld County is not paying attention to
8 this for reasons hard to understand.
9 I've caught myself wondering which of
10 these Simon employees would be comfortable living in the
11 shadow of an (unintelligible) cement plant with
12 everything that comes with it. I believe they know
13 better. Thank you.
14 COMMISSIONER COZAD: Okay. Thank you.
15 Any questions for Sarah?
16 Thank you for being here today.
17 I think what we'll do is we'll just open
18 it up to the public. Whoever would like to -- do you
19 need to stand for a minute?
20 COMMISSIONER CONWAY: No, I'm good.
21 COMMISSIONER COZAD: Okay. If there's
22 anybody in the public that would still like to come on
23 up, please come up, state your name and address for the
24 record.
25 MS. BROWN: Hello.
64
1 COMMISSIONER COZAD: Good morning.
2 MS. BROWN: My name is Elise Brown, and I
3 live at 39384 County Road 19. We're at the 90 -degree
4 correction of 80 1/2 and 19. That's our house right
5 there.
6 So I did want to -- I would like to first
7 say thank you so much to all of you for sitting here
8 hour after hour listening to something that doesn't
9 directly affect you. Thank you. That's very kind. I
10 appreciate it.
11 My husband also wanted me to mention --
12 his name is Wendell Brown. He attended the first
13 meetings, which I was unable to attend because they were
14 at night, and I tend to work then.
15 And he was unable to be here this week as
16 he's teaching a class at a university in Oklahoma this
17 week. So he wanted to state that he would have been
18 here if he could have to also oppose this.
19 Mostly I'm concerned about the traffic. I
20 did understand that somebody counted only seven vehicles
21 leaving 80 1/2 between, I think 6:00 and 9:00 in the
22 morning. It must have been a day they didn't work. I
23 commonly make two or three trips in and out every day,
24 and there's a number of us.
25 It's become so concerning, the traffic.
65
1 Everything that everyone has said -- you know, the
2 trucks literally stopped on 257, lined up, two or three
3 of them as they come in. You can no longer pull up to
4 the Stop sign to look both ways because they cut the
5 corner so severely, you would be risking getting hit if
6 you go too far.
7 So you have to wait until all the semis
8 go through -- or the trucks go through before you can go
9 up to the Stop sign. That's right now, and I understand
10 we're not at the 250 trips a day right now. So that's
11 very concerning. It won't be very long before I'm going
12 to have to drive down to road 78 to get onto 257, I
13 think.
14 Something that I don't think anyone's
15 mentioned -- perhaps they have -- 14 and 257 just
16 recently put in a stoplight there, so we're also dealing
17 with backed -up traffic. This becomes a huge choked area
18 during rush hours, and I'd like to say that we don't
19 have a rush hour in the middle of nowhere, but trust me,
20 we do because 14 becomes Mulberry in Fort Collins.
21 Also, Prospect comes out to 257. I mean,
22 it's not Prospect anymore, but -- so that's a real
23 concern. They've talked about paving portions of that
24 road, which is fine in and of itself, I guess. I agree
25 with the width or not enough width.
66
1 But one of the concerns that we all --
2 that I've spoken to people, is we live in the country.
3 My husband and I have lived there 31 years now. When we
4 first moved there, we were the only house from the
5 correction to the Stop sign.
6 MR. CHOATE: Three minutes, Madam Chair.
7 COMMISSIONER COZAD: Thank you.
8 MS. BROWN: Thanks. So, we're concerned
9 about the fact that they're going to pave the rest of
10 the road. It's just like this. You know, it was just
11 temporary, now it's going to be permanent. They're just
12 going to pave this, now they're going to pave the rest
13 of it. That will just increase the traffic.
14 The other thing I would like to address
15 very -- very briefly is I know it was mentioned on
16 Monday that we already have a solar farm out there, so
17 it's like sort of, What's the big deal? Well, we got
18 just as much notification about that solar farm as we
19 have about this.
20 The rules that state that you need to
21 notify people within a thousand feet, we're in the
22 country. That's nobody. So it's a very easy way to get
23 anything in. We didn't even know there was going to be
24 a solar farm until they started putting up the fencing
25 and the solar panels. So this is not the first time.
67
1 So I would just like to go on record as saying we didn't
2 want the solar farm either, but we had not been given
3 any notification or option of this. Thank you very
4 much.
5 COMMISSIONER COZAD: Okay. Thank you.
6 Questions -- hang on a second. Questions for Ms. Brown?
7 Commissioner Conway.
8 COMMISSIONER CONWAY: Since you brought it
9 up and you're the second person to bring this up.
10 MS. BROWN: Okay.
11 COMMISSIONER CONWAY: 257 and 14, you've
12 got a Walmart there. You've got Costco there; is that
13 correct?
14 MS. BROWN: No.
15 COMMISSIONER CONWAY: Is that farther
16 down?
17 MS. BROWN: That's much (unintelligible).
18 COMMISSIONER CONWAY: And I've also been
19 told that that intersection, my recollection is that
20 it's a clover leaf, (unintelligible). No?
21 MS. BROWN: No.
22 UNKNOWN MALE: (Unintelligible) and 14 is
23 just a Stop sign, stoplight.
24 COMMISSIONER CONWAY: Just a stop?
25 UNKNOWN FEMALE: Traffic light?
68
1 MS. BROWN: Just a stoplight.
2 COMMISSIONER CONWAY: You're talking about
3 the traffic. It is -- is it just -- during the day,
4 I've been through there. That's what I'm trying to
5 figure out. It's Harmony or --
6 MS. BROWN: Oh, no, it's not Harmony.
7 It's Mulberry.
8 COMMISSIONER CONWAY: But in terms of 14,
9 have you found that just to becoming more and more
10 congested, more and more difficult to manage?
11 MS. BROWN: Oh, of course. That's why
12 they had to put in a stoplight and turn lanes on 14.
13 Now we're looking at doing the same thing on 257. And I
14 don't really understand why we're being seen as
15 industrial when we have Bridle Hill on the opposite side
16 of 14, a convention spot there.
17 This is all horse properties, and now
18 suddenly -- but the traffic itself is rush hour. There
19 are so many people now that drive from Ault and
20 subdivisions outside of Ault that are kind of rural
21 subdivisions. They take 14 to go to work in
22 Fort Collins in the morning, then they come back out in
23 the evening.
24 We have the same issue of people that are
25 coming from the subdivisions on 257 as well as people
69
1 from Windsor who take 257 out to 14 in order to go to
2 their jobs morning and night.
3 And one of the problems that we have
4 always encountered as the traffic has gotten worse is on
5 257, 80 1/2 only goes to the east. You can see that it
6 doesn't go to the west at all. So it looks like a field
7 road.
8 And people that are coming from 14,
9 they're turning off of 14 onto 257, are in a hurry to
10 get home. And I can appreciate that, but they do not
11 understand that some of us live there. And we stop with
12 our left turn signal on, but they're three cars back,
13 and they are in a hurry and they don't know what's going
14 on, and they pass to go around as we're trying to make
15 lefts onto our street, onto our road. And this is only
16 going to get worse with -- I mean, we need to have
17 something.
18 COMMISSIONER CONWAY: Okay. Thanks for
19 your clarification.
20 MS. BROWN: Thank you.
21 COMMISSIONER COZAD: Any other questions
22 for Ms. Brown?
23 Thank you for being here today.
24 Anybody else like to come forward and
25 speak during the public hearing today? Ben, come on up.
70
1 UNKNOWN MALE: (Unintelligible.)
2 COMMISSIONER COZAD: Okay. I think we've
3 got -- do you want to come up next? And then we've got
4 a couple other folks too. Yeah, I saw you too.
5 MR. BENSON: Yes, good morning. My name
6 is Ben Benson. I live at 8765 County Road 80 1/2. They
7 don't have my house on here, but I live right here. I
8 probably live as close to the ditch or closer than
9 anybody else that will be affected by this.
10 One thing that Laura brought up, and I
11 wanted some clarification on, is she said there's going
12 to be a wash area. Is that what you had said, Laura?
13 MS. DOYLE: (Unintelligible.)
14 COMMISSIONER COZAD: Okay. Hang on just a
15 second. If you can address your comments to us, then we
16 can find out the answer for you.
17 MR. BENSON: Okay. I -- I heard something
18 about a wash area. Anyways, I am very familiar with
19 concrete, and I know three -quarter -inch washed rock is
20 one of the main ingredients used in making concrete. I
21 don't know if they plan on washing the rock off before
22 it goes into the cement mixture. If so, are they going
23 to completely recycle 100 percent of the water used to
24 do that?
25 Also, where I live is right close to the
71
1 ditch that we're talking about contaminants going on.
2 Directly to the -- to the west of my house is, for lack
3 of a better term, a riser in the irrigation ditch which
4 backs up water to increase the level for the irrigation
5 to come out to other farmers' land.
6 At that area basically the water comes and
7 it stops, and it has to get, I think, 3 foot high before
8 it goes over. So anything that basically spills out
9 into there will set there. And then that -- the shale
10 layer -- we had to do a perc test when we put our house
11 in.
12 The water level right there is
13 approximately 6 feet. There's -- there's a very high
14 shale layer there. Water runs directly to the east.
15 The water does daylight on the east edge of our
16 property. From there it runs into Mr. Miller's pond.
17 So anything that sets there is going to leak in. It's
18 going to hit the shale layer, leaks and drain directly
19 into the water pond.
20 Also, the deceleration lane, as far as a
21 deceleration lane for the northbound traffic on 287, I
22 don't know that there is enough room for a deceleration
23 lane past the ditch we're speaking of. If that's -- if
24 that bridge has to be redone to accommodate this, how
25 long is this road going to be taken apart or down or how
72
1 is that going to affect the traffic to -- to do this
2 deceleration lane?
3 I also heard that Simon was going to be
4 the one that does the road repair or does the widening
5 of the road. Are they going to -- I mean, I don't -- I
6 don't know how that affects the situation or not either,
7 but definitely the deceleration lane, you know, and
8 affecting the traffic on 257 is going to be
9 astronomical.
10 MR. CHOATE: Three minutes, Madam Chair.
11 COMMISSIONER COZAD: Thank you.
12 MR. BENSON: There's -- to the -- when you
13 go up on 80 1/2 to 257 to turn to the north, there is
14 quite a dirt mound there. You do have to go past that.
15 It's an obstructed -view corner. You have to go past
16 that to see to the north what the traffic does.
17 That in itself is going to have to be
18 addressed or something is going to be -- because
19 automotive traffic has to go clear up to -- almost to
20 257 to see clearly. And those trucks coming from the
21 south turning east onto 80 1/2, you basically have to
22 back up every single time to accommodate that. It
23 just -- it's a mess right there.
24 COMMISSIONER COZAD: Okay. Are you about
25 finished with your comments?
73
1 MS. BROWN: I am done.
2 COMMISSIONER COZAD: Okay. Any questions
3 for Mr. Benson?
4 Thank you for being here. I know you were
5 on Monday as well. Thank you.
6 Okay. Who else wants to come up next? I
7 know -- I think you were next. Come on up. And if
8 you'll state your name and address for the record.
9 And then the lady in blue, you can come up
10 after that. And then I think there was a gentleman back
11 here. Okay. Did you already speak?
12 UNKNOWN FEMALE: Well, yeah, but you said
13 if anybody wanted to come up.
14 COMMISSIONER COZAD: Oh, let's -- let's
15 let folks that haven't spoken yet come on up. So --
16 UNKNOWN FEMALE: (Unintelligible.)
17 COMMISSIONER COZAD: No, I'm sorry. It's
18 okay. I was meaning the people that have not spoken.
19 So come on up. Okay. We'll wait for you. It's okay.
20 MS. JOHNSON: Hello. My name is
21 Amelia Johnson, and I live at 37101 Soaring Eagle
22 Circle. I urge you not to vote for the cement and
23 asphalt plant to become permanent. There are people
24 that have lived in this area from two months to
25 100 years back.
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1 It has been agricultural, and it is a
2 residential area, not for industry. They say their plan
3 is light industrial. Well, all those trucks coming and
4 going to have already destroyed the road on 257 to where
5 it's totally bumpy and needs to be repaired now.
6 I would also ask every person here on this
7 committee if they would want an agr- -- asphalt and
8 cement plant in their backyard. And I urge you to think
9 about that when you vote considering this situation.
10 I'm sure the answer is no, you know, no one wants it in
11 their backyard, and we don't either. Thanks.
12 COMMISSIONER COZAD: Any questions for
13 Ms. Johnson? Yes, go ahead, Commissioner Moreno.
14 COMMISSIONER MORENO: Can you point out
15 where your house is?
16 MS. AMELIA JOHNSON: I don't --
17 COMMISSIONER COZAD: It's at Soaring
18 Eagle, which is about -- way down on the south part down
19 there. Yeah.
20 MS. AMELIA JOHNSON: It's not that --
21 (unintelligible) way down south.
22 COMMISSIONER COZAD: Well, I didn't mean
23 it that way. It's on the bottom of the map.
24 MS. AMELIA JOHNSON: Yes, that's where we
25 live, We live in kind of the middle of it. And you
75
1 know, we access 257 for Highway 14 and for Harmony Road,
2 whatever that number is now, that goes into
3 Fort Collins. And the traffic is already more than what
4 the two-lane road can bear even with the traffic light
5 there, which thank goodness we have that traffic light.
6 But there will undoubtedly be accidents,
7 you know, coming out of that little farm road. If you
8 ever go by it -- I would urge you to go by it. It's
9 just a tiny little farm road, and you do not really
10 notice it. You do notice the asphalt plant, however.
11 And I have not had any bad experiences
12 with the cement trucks, but I've had enumerable people
13 comment to me that they have, that they're very
14 frightened by these trucks coming in and out, and their
15 carelessness on the road for the other drivers.
16 COMMISSIONER COZAD: Thanks.
17 COMMISSIONER MORENO: Thank you.
18 COMMISSIONER COZAD: Any other questions
19 for Ms. Johnson?
20 Okay. Thank you. Thank you for being
21 here today.
22 Anybody else that has not spoken, come on
23 up. Good morning.
24 MR. McDOUGAD: My name is Kevin McDougal.
25 I live at 8905 Weld County Road 80 1/2. I live right
76
1 here on (unintelligible). My big concern is the
2 traffic, the trucks. When they get backed up, they come
3 by my house. They go the other way. Simons has
4 informed us that they don't, but when I pass a big
5 Simons truck with their decal on it, that tells me it's
6 a Simons truck. I think it will only get worse once the
7 traffic gets backed up at 257 and 80 1/2, they'll start
8 coming my way.
9 I have a hard time believing these folks
10 when they tell us that they're going to stick to the
11 traffic plan. I drove by their site many a times, and
12 they've got -- I don't know whether it's their
13 subcontractors or what that are driving their trucks.
14 There's two outhouses there. They can't even use the
15 outhouse. They're -- they're doing their business right
16 between the duals. That's not a good neighbor, and I
17 don't want Simon Contractors in my neighborhood.
18 COMMISSIONER COZAD: Okay. Any questions
19 for Mr. McDougal?
20 Thank you for being here today.
21 Anybody else from the public like to come
22 up and speak that hasn't spoken? Come on up.
23 MR. JONES: My name is Carey Jones. I
24 also reside in Soring Eagle Ranch, 37019 Kingfisher
25 Court. I'm a residential homebuilder. It seems to me
77
1 that the requirements that we have to go through when we
2 do a subdivision, the traffic, are pretty onerous and
3 very detailed. I don't have a problem with that. I
4 understand the reasoning for it.
5 I am lucky enough that I get to take my
6 kids to school every day. My wife works at Range View
7 Elementary School. Both my kids go there. Turning out
8 of our subdivision onto Highway 257 is a crapshoot at
9 the moment, at that time in the morning. It's a
10 straight run, and I believe the speed limit is 65 miles
11 an hour. Well, you can imagine on a straight run what
12 those trucks are going down that road.
13 I have all the other concerns as well
14 stated. But it's getting busier and busier. And with
15 the ditch in the location it's at, I just cannot see how
16 an appropriate traffic lane structure can be put in
17 place for such a tight site. Thank you very much.
18 COMMISSIONER COZAD: Okay. Any questions
19 for Mr. Jones?
20 Okay. Thank you for being here.
21 Is there anybody else from the public that
22 would like to come forward? Come on up.
23 MS. STEIDL: Good morning. I'm Zata
24 Steidl. I own land and run livestock at County Road 78
25 and 21, and I want to say that I sent a letter. I also
78
1 wanted to be on the public record that I oppose this
2 usage. I agree with everybody's comments, and so I, at
3 this time, (unintelligible) add (unintelligible).
4 Thanks.
5 COMMISSIONER COZAD: Okay. Thank you.
6 Any questions for Ms. Steidl?
7 Thank you for being here today.
8 Anybody else from the public like to come
9 on up? And again, state your name and address for the
10 record.
11 MS. STRETCH: Hi. My name is Laura
12 Stretch. I live at 38701 Weld County Road 21. The
13 route out is my route to work every day, so I go down
14 80 1/2 onto 257. And I also am a water shareholder in
15 the water supply and storage, and it irrigates our
16 pastures that we sell for hay and as well as cattle.
17 In accordance to the last meeting's
18 Commissioners' request that we public state only the
19 facts, I want to summarize I think what we as a group
20 have tried to come together to convey.
21 Fact: Given the impact of a permanent
22 facility like this will have in this community, beyond
23 the Cactus Hill property that conveniently flanks this
24 site on all but one side, that we were not given
25 adequate time to respond. We were not informed properly
79
1 to be able to respond.
2 I think this is evidenced by the fact that
3 you -- suddenly right before the final hearing you
4 were -- we were -- you started seeing letters come in.
5 We had attendance, a pretty good turnout, on the 25th,
6 and attendance has grown each time because information
7 has started to disseminate.
8 At best, we were afforded 12 days to
9 respond. We would have loved the luxury to have
10 formulated a large document that you got from Tetra
11 Tech. I mean, imagine if we had Laura Doyle and the
12 rest of us come together. We would have had a 500 -page
13 document conveying the facts, the evidence, and what has
14 occurred under the current operation. But we have had
15 to come together, mobilize as quickly as possible, and
16 provide as much information as we could.
17 And remember, we have day jobs. This is
18 not our job. So what you have seen come together, what
19 Laura has diligently brought together in 300 documents,
20 that's -- that's on our time. That's on our -- on our
21 dollar.
22 Fact: The community overwhelming was
23 under the impression this was a temporary operation.
24 Many will compare it to the project that when Highway 14
25 was resurfaced, that the operation -- the batch facility
80
1 came in, was temporary, came in, did their job, and
2 left. When this all started happening, we thought
3 that's what's going to happen. And of course we're not
4 going to complain because we saw it happen and they were
5 good stewards. They came in. They did the job.
6 So please do not hold us at fault that we
7 did not voice concerns and pass judgment, that we did
8 not file complaints. We tolerated an operation that was
9 supposed to come in, do the job, and leave. I seriously
10 doubt there's anyone in this room that hasn't tolerated
11 something and remained silent because they knew it was
12 temporary.
13 Fact: The majority of those who have come
14 forward to voice their disapproval for this operation
15 are in Unincorporated Weld County. This operation is
16 (unintelligible) of one property owner's rights at the
17 detriment of hundreds of current and future residents.
18 We voted for you, the Commissioners, to represent all of
19 our interests, our economic interests, our health and
20 safety, and our well-being. You are all we have.
21 MR. CHOATE: Three minutes, Madam Chair.
22 COMMISSIONER COZAD: Thank you.
23 MS. STRETCH: Fact: Site analysis. If
24 given the time -- and Commissioner Conway even asked
25 Laura if she had been doing a site analysis -- our site
81
1 analysis would have contained the following criteria,
2 not limited to, but would have at least contained away
3 from an irrigation, a major irrigation lateral; minimize
4 traffic issues; areas compatible with similar
5 operations, a/k/a, industrial; enough real estate to
6 allow adequate berming, landscaping, and barrier walls.
7 This is by far too small of a landscape to hold the
8 facility that they indicated they want.
9 Right now we don't even know what they're
10 thinking in the future. Cost and convenience would have
11 been a consideration, but certainly not a driving factor
12 as shown in the -- Simons' analysis.
13 Fact: Research overwhelming states -- and
14 I think you were inundated by it today -- that PM2.5 is
15 hazardous to your health. Tetra Tech's hired scientists
16 can state all they want about how harmless the toxins
17 are. And Mr. Asphalt representative, who swooped in
18 from Elbert County to market the joys of living near an
19 asphalt plant, cannot deny the hazards that PM2.5
20 imposes on our community. This is us living there.
21 If we had been afforded the time, our
22 documents certainly would have contained an entire
23 section on this hazard. And what happens is this is --
24 enforcing the control of this hazardous dust and other
25 particulates is a responsibility of Weld County. We
82
1 ask, Do you really have the bandwidth to enforce this
2 and protect the health of our residents and our
3 agricultural community?
4 Fact: Lawnmowers are loud. This is,
5 what -- they said they'll keep it at this. Of course
6 that's just what they say we'll keep it at. Well, our
7 audio visual is --
8 COMMISSIONER CONWAY: It's okay.
9 MS. STRETCH: So imagine if you were
10 hearing a lawnmower in the middle of the night and
11 laying in bed with your windows open -- if you risk the
12 idea of the particles coming in your window -- that
13 that's the sound you will have. And guess what?
14 Exposure -- exposure to loud noises, like lawnmowers,
15 does impose hearing loss.
16 COMMISSIONER COZAD: Like office singing.
17 MS. STRETCH: That -- we'll take an
18 office singer.
19 COMMISSIONER CONWAY: (Unintelligible.)
20 COMMISSIONER COZAD: Which could be
21 annoying.
22 MS. STRETCH: This is what we would be
23 hearing on a summer night. And sound carries out there.
24 We hear the oil rigs from miles away. So I'm saying to
25 you, is this really what -- would any current or future
83
1 resident really want to hear that? And that's what
2 they're saying they will keep it at. That's not
3 indicating -- I didn't state the truck traffic, which
4 actually has higher decibels.
5 So these are just a few of the summaries,
6 facts that we wanted to bring forward. However, if you
7 chose to continue to push forward this ill-conceived and
8 ill -planned operation, then for the record, we want the
9 operation to abide by the following restrictions. And
10 please make no mistake. This is by no means an
11 endorsement for this project. And if it comes to
12 fruition as proposed, it will be a black mark on Weld
13 County. There is not a resident who has come forward
14 today who does not feel that they were left in the dark,
15 duped, and/or forgotten.
16 For the record, their operation be
17 regulated at the residential area decibels limited by
18 our laws, which the Tufts brought forward at 50 and 55.
19 This is to protect current and future residents.
20 Restrict operations to five days a week
21 and no greater than 12 hours a workday. A complete
22 landscaping and berming barrier design be incorporated
23 into the plans. What was proposed is nominal at best.
24 Precedent with the DCP operation indicates that we, the
25 citizens, the community, deserve to -- that this eyesore
84
1 and hazardous operation be mitigated to the fullest
2 extent.
3 And this land -- if this site is too
4 small, then we go back to that site analysis. Was it
5 really an appropriate place for this operation? Dust
6 and particulate matter is regulated and enforced -- I
7 want to emphasize "enforced" -- to the fullest degree,
8 And in the event of an accident on
9 highway -- because this happened just the other day --
10 in the event of a highway -- an accident on Highway 257
11 and/or Highway 14, truck traffic to this operation is
12 not routed through County Roads 80 1/2, 80, 21, or 78.
13 That happened just, what, last week?
14 They can find alternative routes. This is
15 not to go through. And no road operate -- no road
16 trucks lost or trying to crisscross and save time and
17 money to get to their operations.
18 And last but not least, residents are
19 provided an updated list of appropriate contacts and
20 numbers to register violations and complaints. Rest
21 assured, the community will no longer be silent. Thank
22 you for your time.
23 COMMISSIONER COZAD: Thank you. Are there
24 any questions?
25 Commissioner -- do you have a question,
85
1 Commissioner Kirkmeyer?
2 COMMISSIONER KIRKMEYER: Just a request.
3 COMMISSIONER COZAD: And then Commissioner
4 Conway.
5 COMMISSIONER KIRKMEYER: Would you mind
6 submitting your comments so that we have them?
7 MS. STRETCH: Yes.
8 COMMISSIONER KIRKMEYER: That would be
9 great. We're trying to write down -- I think we're all
10 trying to write down your comments, but it would be
11 helpful if we had them at hand.
12 COMMISSIONER CONWAY: Just one
13 clarifying --
14 COMMISSIONER COZAD: Commissioner Conway.
15 COMMISSIONER CONWAY: Can you repeat the
16 roads again? I have 80 1/2, 28, and 78. Did I get them
17 all?
18 MS. STRETCH: 80 1/2, 19.
19 COMMISSIONER CONWAY: 19. Okay.
20 MS. STRETCH: Help me out, people. 80 --
21 well, 78. (Unintelligible.) Oh, and my road.
22 COMMISSIONER CONWAY: Don't forget your
23 road.
24 MS. STRETCH: Yeah, could you put that in
25 bold?
86
1 COMMISSIONER CONWAY: Yes. Okay. And
2 that's in your comments?
3 MS. STRETCH: Yes.
4 COMMISSIONER CONWAY: Thank you so much.
5 COMMISSIONER COZAD: Thank you. Any other
6 questions?
7 Okay. Is there anybody else that would
8 like to come forward? Mr. Kisker, come on up.
9 UNKNOWN MALE: Curt.
10 COMMISSIONER COZAD: State your name and
11 address for the record, please.
12 MR. KISKAR: Dave Kisker, 6681 Apache
13 Road, Johnstown. Deja vu. This sounds exactly like two
14 years ago. Compatibility issues; health, safety, and
15 welfare issues; traffic issues; even real estate issues.
16 In fact, I see Martin Marietta people here in the
17 audience.
18 However, I want to point out something
19 entirely different. These citizens have pointed out all
20 that stuff. Several recent cases we've heard how hard
21 it is to go back and mitigate an existing facility. We
22 heard at a DCP the neighbors -- in fact, some of you --
23 wanted to put a residential noise standard in, and it
24 was hard to do because it was going back on an existing
25 facility.
87
1 This is the chance to fix it at the
2 beginning, put in as complete a mitigation as possible
3 should you decide to move forward about covering things
4 like the noise issue, the landscaping, et cetera. Maybe
5 even put in traffic, road infrastructure that's
6 appropriate to deal with it up front.
7 That's your opportunity today, is to make
8 sure that if you do have to move forward, let's fix it
9 now instead of two years from now when they want to do
10 an expansion or there's a new development coming in.
11 So that's really all I want to talk about
12 right now. We've heard a lot of the other stuff, but
13 this is the time to fix it. Thanks.
14 COMMISSIONER COZAD: Okay. Questions for
15 Mr. Kisker?
16 COMMISSIONER CONWAY: No. Thank you.
17 COMMISSIONER COZAD: Thank you for being
18 here today.
19 Anybody else in the audience like to come
20 forward from the public? Good morning, Ms. Van Beber.
21 Is it Van Beber?
22 MS. VAN BEBER: Van Beber.
23 COMMISSIONER COZAD: Van Beber.
24 MS. VAN BEBER: Thank you for letting me
25 speak one more time today and it's on the -- the spur of
88
1 the moment, but deja vu, five years ago. What was just
2 a little over one acre between Ault and Pierce,
3 Colorado, had the same kind of incident, the same kind
4 of industrialization smack dab in the middle of hundreds
5 and hundreds of agricultural area. What was once
6 2 acres became a little over 400 acres of industrial
7 development.
8 Again, you have a chance to do something
9 different. You have a chance to take care of the life,
10 liberty, rights, and properties of people here in Weld
11 County. We urge you to do so. Thank you.
12 COMMISSIONER COZAD: Questions?
13 Thanks. Thank you for being here.
14 Anybody else like to come forward today to
15 speak?
16 Not to put anybody on the spot, but is
17 there anybody from Severance or Windsor that would like
18 to speak?
19 Okay. I'm going to ask one more time: Is
20 there anybody from the audience that wishes to come
21 forward and speak on this land use case today?
22 Okay. Seeing none, we're going to go
23 ahead and close the public hearing.
24 Before we go to the applicant, I do want
25 to say thank you. I know this is the third time we've
89
1 met, and it's been long, and I really do appreciate
2 everybody's time to come and speak. So we're going to
3 turn it over to the applicant and let them come up and
4 discuss any of the issues that they heard during the
5 public hearing.
6 Did anybody want to -- did you want to
7 take a break or --
8 COMMISSIONER KIRKMEYER: No. Well,
9 actually, I do.
10 COMMISSIONER COZAD: Go ahead.
11 COMMISSIONER KIRKMEYER: I have a request.
12 COMMISSIONER COZAD: Okay. Go ahead.
13 COMMISSIONER KIRKMEYER: I would like to
14 take a break, because we were presented with a whole
15 bunch of information late yesterday and early this
16 morning, and even at the hearing. And while I've gotten
17 through about half of it, I still have some more to get
18 through, and there might be some things in there that I
19 want to ask questions about.
20 So I'd like to have the opportunity to
21 review all the information, which is basically our
22 statutory responsibility anyways. I just would like to
23 have some opportunity to review this so I could ask
24 questions about it.
25 COMMISSIONER COZAD: Well, and I don't
90
1 know what you're thinking as far as taking a break, but
2 Ms. Doyle submitted 300 pages of information to us
3 yesterday that I have barely just been able to kind of
4 skim through. So I don't know if the applicant has had
5 an opportunity to look at any of the material. And as
6 you just pointed out, there's material that's been
7 submitted to us today, and I have not had a chance to
8 look through it while we're sitting here because I'm
9 trying to listen and take notes.
10 So was -- what would you like to do?
11 COMMISSIONER KIRKMEYER: Well, I'd like to
12 take a break now and have at least some time -- and then
13 we obviously have to take a lunch break anyways -- and
14 have the opportunity to review some of this.
15 COMMISSIONER COZAD: And just to remind
16 the board, we do have two other land use hearings today
17 as well. So --
18 COMMISSIONER KIRKMEYER: Okay. There's
19 nothing I can do about it.
20 COMMISSIONER COZAD: I realize that.
21 COMMISSIONER KIRKMEYER: I just know we
22 have a responsibility to review all the information
23 submitted at the public hearing, and I need the
24 opportunity to review all the information.
25 COMMISSIONER CONWAY: So just a question.
91
1 COMMISSIONER COZAD: Go ahead,
2 Commissioner Conway.
3 COMMISSIONER CONWAY: Is it your
4 expectation that you can get through that over the lunch
5 hour or in --
6 COMMISSIONER KIRKMEYER: Yeah. If we have
7 like 45 minutes now and a lunch hour, I think I can -- I
8 mean, I'm already through about half of it.
9 COMMISSIONER CONWAY: So --
10 COMMISSIONER KIRKMEYER: And I got through
11 everything else that was beforehand. It's just there
12 was a lot presented today, and I --
13 COMMISSIONER CONWAY: No, I appreciate
14 that. I just think we've got a lot of people who have
15 come -- came to the planning commission, came Monday.
16 We continued this. I just want to make sure that they
17 know we're going to get to this this afternoon in case
18 they have plans.
19 COMMISSIONER KIRKMEYER: Okay. Well --
20 may I?
21 COMMISSIONER COZAD: Go ahead,
22 Commissioner Kirkmeyer.
23 COMMISSIONER KIRKMEYER: I'm not going to
24 commit to that because there's a lot of information here
25 to be read. We have a responsibility through statutory
92
1 means and even through our own code to take into
2 consideration all the information that is presented at
3 the public hearing.
4 And what I'm saying is, I haven't had time
5 to get through all of the information that has been
6 presented, and I don't know how long it will take me,
7 and I don't know how long it will take to have questions
8 answered. So we may be here until late tonight. We may
9 need to have to come back. I don't know. I'm just
10 telling you, I need time.
11 COMMISSIONER COZAD: Okay.
12 COMMISSIONER CONWAY: And I'm very
13 respectful of that.
14 COMMISSIONER KIRKMEYER: Sure.
15 COMMISSIONER CONWAY: I'm not -- I agree
16 we have certain responsibilities here. But we have a
17 lot of people. I just want to get an idea from you in
18 terms of if the lunch hour and the next 45 minutes are
19 enough time, then we can come back and report back
20 later, or do you need additional time? Because --
21 UNKNOWN MALE: How about if we continue
22 and come back at 1:00?
23 COMMISSIONER CONWAY: I'm fine with that.
24 COMMISSIONER KIRKMEYER: Okay. That would
25 be great. Not continued, but recessed.
93
1 COMMISSIONER CONWAY: A recess until 1:00.
2 Everybody can have lunch and come back.
3 COMMISSIONER KIRKMEYER: That would be
4 great because it would give me an opportunity to get
5 some reading done.
6 COMMISSIONER CONWAY: I think that's good.
7 COMMISSIONER COZAD: Okay. That way the
8 applicant will have their -- our questions for the
9 applicant as well.
10 Okay. So I guess we'll go ahead and take
11 a break, and we're going to go into recess until
12 1:00 p.m.
13 COMMISSIONER KIRKMEYER: Great. Thank
14 you.
15 COMMISSIONER COZAD: Thank you.
16 (Recess taken.)
17 COMMISSIONER COZAD: Okay. We'll go ahead
18 and come back to order and come out of recess. It is
19 1:07.
20 Commissioner Conway, are you ready?
21 Okay. If the applicant or the applicant's
22 representative would come back up. I think even during
23 the time we took a recess, it was noted that there are
24 actually about a thousand pages of documents that have
25 been submitted in the last couple of days. So did you
94
1 have comments that you would like to make today or a
2 suggestion to move forward?
3 MS. JOHNSON: I think in essence of being
4 able to review all the documents that have been put
5 together by neighbors, we have talked about some dates
6 where it would allow the Commissioners, as well as us,
7 time to review all of those documents, and then adequate
8 time to prepare our rebuttal to those documents. We --
9 because there is a lot of information that's been
10 provided. We will request January 3rd.
11 COMMISSIONER COZAD: Okay.
12 Yes, it is.
13 So there's a couple things that I just
14 want to kind of reiterate too. Just so the public is
15 aware, we have closed the public hearing, and so no
16 further documents can be submitted on this case.
17 If there's documents -- like if you get an
18 agreement with the ditch company or something like that,
19 of course the applicant can submit those types of things
20 that support your application. But at this point, the
21 public input is -- we closed the public hearing and
22 public input.
23 The other thing is I wanted to let
24 everybody know we have -- part of the other issue and
25 the reason why we haven't seen some of the documentation
95
1 is because there were documents that were so large that
2 they have not been scanned in and put into Tyler yet,
3 which is our system.
4 So we're committing to get those into our
5 system and available to anybody that wants to look at
6 them I believe in the next couple of days. And if you
7 don't know how to get on to that system or need some
8 help with that -- Esther, if you'll raise your hand ---
9 you can get with Esther, and she can show you or explain
10 to you how you can look at those -- all those documents
11 online. So, I just wanted to make everybody in the
12 public aware of that in case there's some of these
13 documents you'd like to look at.
14 MS. JOHNSON: So Madam Chair, may I ask
15 a --
16 COMMISSIONER COZAD: Yes, go ahead.
17 MS. JOHNSON: -- clarifying question?
18 COMMISSIONER COZAD: [7h -huh.
19 MS. JOHNSON: So if we do have right
20 now we have draft conditions of approval. And so as we
21 continue to print -- have items that could resolve some
22 of those draft conditions of approval, we can continue
23 presenting those to staff so that when we get to the
24 hearing on the 3rd, maybe some of those items are
25 addressed? That's correct?
96
1 COMMISSIONER COZAD: I think that's -- I
2 think that you can do that --
3 MS. JOHNSON: Okay.
4 COMMISSIONER COZAD: -- just like any
5 other case during -- during the process. If you're
6 meeting some of the conditions that are on there as part
7 of the draft, it's -- you know, you're doing that kind
8 of at your own risk, I guess, but you can submit those
9 things to staff and work with staff, yes.
10 MS. JOHNSON: Thank you. We appreciate
11 the consideration of our request for a continuance.
12 There's a lot of information that was provided today and
13 there's some false information that was provided, and we
14 do appreciate the opportunity to be able to address that
15 in full.
16 COMMISSIONER COZAD: So is January 3rd, is
17 that going to work for everybody?
18 COMMISSIONER KIRKMEYER: Sure.
19 COMMISSIONER COZAD: Right now we have no
20 other land use cases scheduled that day.
21 COMMISSIONER FREEMAN: We have none on the
22 10th either. I don't know if that first day is --
23 COMMISSIONER CONWAY: Yeah. Go ahead,
24 Commissioner.
25 COMMISSIONER COZAD: Okay. Commissioner
97
1 Freeman, can you go ahead and finish your -- go ahead.
2 COMMISSIONER FREEMAN: I don't --
3 UNKNOWN FEMALE: It's either January 3 or
4 January 10.
5 COMMISSIONER FREEMAN: So I don't think it
6 matters either. It's just the only reason I would say
7 that -- January 3 is the -- that's our first -- that's
8 our first actual day of next year, and there's a lot of
9 things going on on that day that, even though we don't
10 have any land use cases, we don't have any -- either.
11 So I'm just throwing that out as a suggestion. I know
12 (unintelligible).
13 COMMISSIONER COZAD: I know that's another
14 week out, but would January 10th work for you and your
15 clients? Just because that is our first day back --
16 COMMISSIONER FREEMAN: And maybe it
17 doesn't matter.
18 COMMISSIONER COZAD: -- in the first of
19 the year. I'm okay with doing it on the 3rd, but --
20 MS. JOHNSON: The client will do what you
21 prefer to do. Of course they would love to have it go
22 on the 3rd, but if you would prefer on the 10th, they'll.
23 do it on the 10th.
24 COMMISSIONER COZAD: Well, and I think the
25 public probably will still want to be here, even though
98
1 we've closed the public hearing. And since it is kind
2 of the holiday time of year, there may be people that
3 may not be back quite yet and that kind of thing.
4 So I guess I would recommend we move it to
5 the 10th just to -- that way I think people can be here
6 if they want to be here, and, you know, we'll focus on
7 that -- that day. So -- Commissioner Conway.
8 COMMISSIONER CONWAY: Yeah, I think
9 probably moving it to the 10th makes better sense than
10 the 3rd because it is -- a lot of people might not make
11 the 3rd. But I guess my -- it's a process question.
12 COMMISSIONER COZAD: Uh-huh.
13 COMMISSIONER CONWAY: So the applicant has
14 said -- and I appreciate you need time to review
15 hundreds and hundreds of pages and go through that. But
16 we have the public here. How -- if the public wants to
17 view this or -- I mean, is the only time they're going
18 to see this is when we come back on the 10th? How
19 does --
20 COMMISSIONER COZAD: See what?
21 COMMISSIONER CONWAY: Whatever their
22 response is in terms of some of this documentation.
23 COMMISSIONER COZAD: Well, I think the
24 correspondent said anything that's coming into the
25 county becomes part of the public record. So I think,
99
1 again, Esther can explain to people if they aren't sure
2 how to get that information. All that stuff gets
3 scanned in and put into the public record when we get
4 it, with the exception of the last two days because some
5 of those documents were so large, they haven't been
6 scanned in yet. But generally, they'll be in the public
7 record within at least a day, probably, a day or two.
8 COMMISSIONER CONWAY: My question is just
9 a processing question. So the people that are here that
10 may want to view those documents as they get admitted,
11 that they know how to get ahold of that. And so --
12 COMMISSIONER COZAD: That's why I had
13 Esther raise her hand. I think if they don't know how
14 to get it, they can get with Esther and she can explain
15 to them how to get on to our county site and get that
16 information. But, yeah, I would be checking on it on a
17 regular basis so that if there is anything new, you need
18 to kind of be tracking it too.
19 I'm sorry. We closed the public hearing.
20 Do you have a process question?
21 UNKNOWN FEMALE: (Unintelligible.)
22 COMMISSIONER COZAD: And I'm sorry. We
23 actually closed the public hearing. I don't know if
24 it's a procedural question that you have. Come up to
25 the microphone, would you, please? Sorry. We just have
100
1 to capture everything on the record. And we have closed
2 the public hearing, so I think if it's process
3 related ---
4 UNKNOWN FEMALE: Well, since they've
5 mentioned they have an alternate plan for the water that
6 has not been presented, is that going to be a document
7 that's reviewable by us? Will that be submitted on this
8 website?
9 COMMISSIONER COZAD: Submitted between now
10 and when we come back on January 3 -- or January 10,
11 yes, that would be --
12 UNKNOWN FEMALE: Or January 10.
13 UNKNOWN FEMALE: She needs to address her
14 question --
15 COMMISSIONER COZAD: Ma'am, yes, if you
16 can address your questions to us.
17 UNKNOWN FEMALE: Oh, are they going to
18 submit it before January 10?
19 COMMISSIONER COZAD: We don't know. They
20 haven't told us. So I think if you want to talk to them
21 after we get done today, you might be able to find out
22 from them when they are going to be submitting.
23 UNKNOWN FEMALE: And what is the status of
24 the temporary permit? It's my understanding, I thought
25 it expired this month. So what happens with that?
101
1 COMMISSIONER CONWAY: That's an excellent
2 question.
3 COMMISSIONER COZAD: Okay. So we'll
4 address that too.
5 UNKNOWN FEMALE: Thanks.
6 COMMISSIONER COZAD: All right. And we
7 really can't take any more public comment.
8 COMMISSIONER CONWAY: Questions.
9 COMMISSIONER COZAD: I understand. But,
10 Kim, if -- I don't know if that's really pertinent, but
11 maybe it is. Commissioner Kirkmeyer.
12 COMMISSIONER KIRKMEYER: Actually, it's
13 not part of this hearing today and part of the process
14 that we're talking about. And the process for temporary
15 permits is outlined in our code. So if they have a
16 question with regard to that process, they can get with
17 Kim or they can go on and look at the code. I would
18 suggest you come talk to Kim and find out what that
19 process is, but that's not part of our hearing today.
20 And so with regard to process, anything
21 that has been presented up to this point or entered into
22 the record will be made part of the public record and
23 will be available for viewing on the planning web page
24 when you go to these -- when you go to this application.
25 So all of those will be done.
102
1 If anything is submitted by the applicant
2 or put in the documents by the planning staff any time
3 between now and when this hearing is continued to, those
4 all become part of the documents that are part public
5 that will be on the planning's web page associated with
6 this planning application. That's the same as it is for
7 everyone.
8 So the applicant is under no obligation to
9 present anything else today at this point. They're
10 under no obligation to present anything between now and
11 when this hearing is set. And they do -- if they don't
12 wish to present it and they end up presenting it on
13 January 3 or January 10, whatever date we get to, they
14 risk that we don't have the opportunity -- the board
15 does not have the opportunity -- to really view it fully
16 either. So -- but, again, it's up to them whether or
17 not they present any more information until this case is
18 continued, until that hearing date.
19 So with that being said, though, because
20 we're talking basically about two months out, I just
21 want to make sure that -- for the record that there are
22 things -- I just want them on the record so when I get
23 the minutes from this and I'm reviewing those prior to
24 the January -- or the January hearing that I'm not
25 losing some of the thoughts that I want to make sure
103
1 that I had questions about.
2 COMMISSIONER COZAD: Okay.
3 COMMISSIONER KIRKMEYER: And so in other
4 words, I don't want to lose -- because typically this
5 period of time in the hearing is when the applicant has
6 the opportunity to respond to questions that were
7 brought up by the public in the public hearing and then
8 make any further statements. And so that's the part of
9 the process that we're continuing. And then the
10 deliberation by the Board, that's the next part of the
11 process that we're continuing.
12 So -- so if I may --
13 COMMISSIONER COZAD: Go ahead.
14 COMMISSIONER KIRKMEYER: So this is what I
15 heard from the public during the public hearing process,
16 that I will be looking to ensure that it's addressed at
17 the next hearing. And it is having to do with the
18 traffic, the stacking on the roads, which is stacking
19 trucks on County Road 80 1/2 and Highway 257, I know
20 it's been addressed some, but I think that's what I've
21 heard from the folks.
22 The concerns with regard to being a good
23 neighbor and why aren't they going above and beyond.
24 The width of the gravel road of 80 1/2, it was stated
25 that it was 21 feet. I'm not sure if that's accurate,
104
1 but it was more about the width of the gravel road.
2 There was more about staging.
3 The hours of operations were brought up to
4 question, going that it's at a 24/7 versus 12 hours,
5 which was on another -- from another person. All of the
6 junk, the batteries and the tires that are on the
7 property now. The noise was brought up as an issue.
8 And I'm kind of going back and forth here
9 because it was brought up a couple of times, or a few
10 ti_1es with regard to why isn't the noise at a
11 residential level. Again, they brought up about the
12 hours of operation as being only 12 hours per day, five
13 days a week, instead of 24/7.
14 It would probably be helpful if there was
15 at least some idea of what the landscaping and screening
16 plan is going to be. That was brought up in the public
17 hearing. The regulation of the dust and the particulate
18 matter and the level of the particulate matter. The
19 idea of a haul route and that roads such as 80 1/2, 19,
20 80, 78, and 21 are not included in that haul route.
21 There was the request to have the contact
22 information for the residents. With regard to the
23 property values, I know there were some things brought
24 up by the applicant with regard to property values, and
25 then -- but there were a couple of people, a few people,
105
1 that also brought up property values as a secondary
2 effect.
3 And then I think essentially we're to the
4 drainage and with the water supply. And I guess I'm
5 going to kind of go back to where I was at the very
6 beginning of this hearing on Monday wondering what that
7 is and what's going on there. But I think it's -- there
8 just is going to have to be further discussion with
9 regard to the historical drainage and additional
10 drainage and the water supply of the ditch essentially,
11 what's going on there.
12 And then I heard a lot of questions about
13 contamination and pollution. And in reading through
14 some of the documents that Ms. Doyle brought forward, it
15 had to do with -- some of these documents, actually, are
16 about people who work laying down asphalt, at least from
17 what I was reading through them.
18 But it's -- it's just really about the
19 health -- if there are any health hazards related to
20 asphalt plants. Because the one study that I was
21 reading through actually is from China where they are in
22 a PM area. I mean, we're not in a PM10 or a PM2.5 area,
23 and the study that was presented that I read through was
24 from China that was in such an area.
25 So I guess those are questions of things
106
1 that came up during the public hearing, and I just don't
2 want to lose those between now and January.
3 COMMISSIONER COZAD: I'd actually like to
4 add a couple of things too. I don't know if others do,
5 but I think that way we can -- you're right. I think
6 two months from now we're going to forget -- I have all
7 my notes, but I think it's fresh in our minds right now.
8 So I'm just going to add a couple of things that I had
9 questions about.
10 I think you covered a lot of them, but
11 one, not just the traffic, but the stacking, because I
12 heard that quite a few times about stacking out on 257.
13 And also I think, you know, addressing -- I know we
14 talked about it during the applicant's presentation, but
15 where the paving is going to happen on 80 1/2. And the
16 haul route comes into that, but looking at the paving
17 and stacking on the county roads as well.
18 Let's see what else I had that was
19 different than you. I think one of the things I heard
20 that needs to probably be addressed is the silo heights
21 and how many there are. Then I think we heard there
22 were traffic numbers that -- there was -- I think it was
23 Brian Tufts that talked about the traffic numbers that
24 he calculated versus the traffic numbers in the traffic
25 study. So that should be addressed.
107
1 I think the ditch issue is definitely
2 something that needs to be addressed as far as drainage
3 and water quality. I think not just the historic
4 drainage, but the water quality issues.
5 COMMISSIONER MORENO: You're saying -- sorry.
6 COMMISSIONER COZAD: Hang on. Let me -- I
7 only have just a couple more things. I just want to
8 make sure I get all mine in.
9 I think -- and we did hear something about
10 the turn -- turn radius issues and even how turning onto
11 80 1/2, there's -- there's some -- maybe some damage to
12 the road even now, and how that's going to be addressed.
13 The landscaping definitely is something
14 that I think needs to be addressed too. I'd like to
15 hear more about that, noise levels. Any impacts to the
16 water use and pressure issues was another thing I wrote
17 down. Staging -- I already said that.
18 I think some of this is going to be
19 addressed in some of the information that's already been
20 submitted to us, but we can look at that a little bit
21 more when we have the time.
22 The access -- I wrote down the access from
23 the state highway, if that's -- I just think that needs
24 to be addressed more too. And the wash area was another
25 issue that was brought up. And it kind of goes back to
108
1 the water quality. And construction traffic versus
2 normal traffic.
3 That might be it. I think that pretty
4 much covered all the questions that I had.
5 Okay. Commissioner Moreno.
6 COMMISSIONER MORENO: I think all that you
7 put in there is great. The only thing when you're
8 talking about the ditch, you're talking about the
9 Larimer County Ditch Canal that if there needs to be an
10 agreement, they need to work with the -- I mean,
11 Mr. Frick was here. He said that their next meeting is
12 December 6th, so they'll have plenty of time to take
13 care of the --
14 COMMISSIONER COZAD: Yeah, water supply
15 and storage.
16 COMMISSIONER MORENO: Okay. All right.
17 COMMISSIONER COZAD: Yeah.
18 Questions? Commissioner Conway.
19 COMMISSIONER CONWAY: Yeah. I think most
20 of these got -- I concur with all of those. I guess two
21 I want to clarify, there was a specific question of
22 whether washing of the rock would occur on -site and how
23 that water would be discharged. Would it be recycled?
24 Would it be discharged? And I guess -- yeah. And that
25 just ties into all the other things that you asked, but
1D9
1 that was a specific that I saw in here in terms of a
2 question for clarification.
3 And I guess I am -- I guess I need better
4 clarification. I know the applicant doesn't -- didn't
5 disclose a plan other than in the presentation of the
6 holding ponds. One, my understanding is I'd like a
7 question -- my question is in terms of why those holding
8 ponds aren't lined. That was a question on day one, on
9 Monday, in terms of that.
10 And then I guess there seems to be a lot
11 of ambiguity surrounding, I guess, water law in terms of
12 discharging into this canal. And I guess I need a
13 better clarification from the applicant in terms of -- I
14 understand that you're going to ask us for some
15 amendments, I guess, in the USR, based on their
16 present -- their initial presentation in terms of this.
17 But I need a better clarification based on Mr. Frick's
18 comments in terms of what is required in terms of
19 Colorado water law, in terms of that canal.
20 So -- and when you present that plan, I
21 need to know how that correlates into the
22 (unintelligible) raised by Mr. Frick and the canal
23 company in terms of this. This is very close. This
24 canal is very, very close. 25 feet, I think it is from
25 one of the testimony (phonetic).
110
1 How do we ensure -- as the public has
2 testified, it's one of the -- one of the most pristine
3 canals in northern Colorado, supplying 25,000 acre --
4 25,000 irrigated acres. How -- how do those folks --
5 what's the plan to ensure that that canal doesn't get
6 contaminated and impact farmers and stock growers who
7 use that water from the grand ditch. Thank you.
8 COMMISSIONER COZAD: Okay. Did you have
9 anything, Commissioner Freeman?
10 COMMISSIONER FREEMAN: No, I think you
11 guys covered it.
12 COMMISSIONER COZAD: Okay.
13 COMMISSIONER KIRKMEYER: I just have a
14 couple more.
15 COMMISSIONER COZAD: Go ahead.
16 COMMISSIONER KIRKMEYER: The other issue
17 that was brought up -- I was looking through mine when
18 you were going through yours -- is the size of the
19 property and why wasn't it larger, was one other
20 question that was brought up. And then again, in
21 looking through some of the documents that we received
22 today, there were questions about blue smoke
23 regulations.
24 COMMISSIONER COZAD: Okay. Any other
25 questions? Commissioner Conway.
111
1 COMMISSIONER CONWAY: Yeah, I guess I just
2 want a greater -- the public asked why this site was
3 picked. And I guess a better understanding of the site
4 selection process. I know you talked about a five -mile
5 radius around 1-25 and 14, but -- and the applicant said
6 that there was no currently zoned agricultural -- or
7 excuse me -- industrial property that was available for
8 this batch plant.
9 Why -- I guess I need to know why that
10 criteria was so defined, why it was five miles within
11 that circumference; and a better understanding of why
12 this site was picked, because that came up over and over
13 and over again in the public comment: Why this site?
14 So a better understanding of the selection process, and
15 why the applicant chose this particular site, to those
16 qu3stions.
17 COMMISSIONER COZAD: Okay. Anything else
18 from the board?
19 Okay. So there's a request to continue
20 this matter until January 10, at 10:00 a.m. Is there --
21 would anybody like to make a motion? Commissioner
22 Conway.
23 COMMISSIONER CONWAY: I'll go ahead and
24 make a motion to continue this matter until January 10,
25 2O08, at 9:00 a.m.
112
1 COMMISSIONER COZAD: 10:00 a.m.
2 COMMISSIONER CONWAY: It's going to be
3 10:00 a.m.?
4 COMMISSIONER COZAD: Yes. It would be
5 during our regular land use meeting.
6 COMMISSIONER CONWAY: Okay.
7 COMMISSIONER MORENO: Second.
8 COMMISSIONER CONWAY: And I have a couple
9 of comments to make.
10 COMMISSIONER COZAD: There's been a motion
11 by Commissioner Conway, seconded by Commissioner Moreno,
12 to continue USR17-0043 until January 10th at 10:00 a.m.
13 Is there any further comments?
14 Commissioner Conway.
15 COMMISSIONER CONWAY: So first and
16 foremost, I really want to thank the public, who have
17 taken an enormous amount of time out of your busy
18 schedules, taken time away from work, obligations, and
19 other things that life entails.
20 You know, quite frankly, we have so much
21 to go through. We have an obligation to go through
22 this. I can fully appreciate, because of folks not
23 learning about this process earlier, that a lot of this
24 came in, but we do have a statutory obligation to go
25 through this. A lot of this information has been
113
1 presented by the public to us, and I think it's fair for
2 the applicant to be able to go through it also in terms
3 of that.
4 But I just want to thank you. I know this
5 has been a long process. You've gone through a Planning
6 Con -mission hearing, and now you've been here two days
7 this week for multiple hours, and I appreciate your
8 patience.
9 And I just want to thank everybody who's
10 taken an enormous amount and effort to be here. I know
11 it's frustrating, but at least we -- we'll have an
12 opportunity to go through this documentation and give
13 it -- both the documents that were submitted by the
14 public as well as having the applicant answer some of
15 those issues on the 10th -- and hopefully we'll be able
16 to come to a resolution one way or the other on the
17 10th. You won't have to keep -- we won't continue this
18 for a third time. That's my hope, but no guarantee, as
19 Commissioner Kirkmeyer would say.
20 COMMISSIONER COZAD: Okay. Any other
21 comments? All in favor, say Aye.
22 MULTIPLE SPEAKERS: Aye.
23 COMMISSIONER COZAD: Opposed?
24 Motion carries.
25 And, again, as Commissioner Conway said,
114
1 we really do appreciate the public process and you all
2 being here and submitting all the documents. And we do
3 need to take the time to look through them. So, I do
4 appreciate your patience on this, and we need to take
5 the time. It's our responsibility to do that.
6 So thank you all for being here. And we
7 do have two additional -- we actually have three --
8 additional land use cases. And so, Tisa, just let us
9 know when you're ready.
10 (End of audio recording.)
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November 8, 2017
TRANSCRIBER'S CERTIFICATE
I, Rebecca J. Collings, a Colorado
Realtime Certified Reporter, Registered Professional
Reporter and Notary Public within and for the State of
Colorado, do hereby certify that I prepared the
foregoing transcript from an audio recording of the
proceedings.
I further certify that the transcript is
accurate to the best of my ability to hear and
understand the proceedings.
T further certify that I am not an
attorney, nor counsel, nor in any way connected with any
attorney or counsel for any of the parties to said
action, nor otherwise interested in the outcome of this
action.
My commission expires September 14, 2021.
REBECCA J. CC3ILINGS
N4lory Public
Slate of Colorado
Ndl.ioYIDN260tn0?R767 •
�i•f Comr+issr0+'. xP.r650?•1d.2421 '
REBECCA J. COLLINGS
Registered Professional Reporter
Colorado Realtime Certified Reporter
Notary Public
DausterEMurphy 303-522-1604
CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public
within and for the State of Colorado, certify the foregoing transcript of the digitally recorded
proceedings, In re: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR TRUCK AND
EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT -CACTUS HILL RANCH
COMPANY, C/O SIMON CONTRACTORS, INC., before the Weld County Board of County
Commissioners, on Wednesday, November 8, 2017, and as further set forth on page one. The
transcription, dependent upon recording clarity, is true and accurate with special exceptions(s) of
any or all precise identification of speakers, and/or correct spelling or any given/spoken proper
name or acron:Im.
Dated this 28th day of April, 2018.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2021
ORIGINAL (. )
CERTIFIED COPY ( )
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