HomeMy WebLinkAbout20180014.tiffHEARING CERTIFICATION
DOCKET NO. 2018-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0054, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING IN THE
A (AGRICULTURAL) ZONE DISTRICT - JESSICA LEE, C/O BESTWAY CONCRETE
A public hearing was conducted on January 3, 2018, at 10:00 a.m., with the following present:
Commissioner Moreno, Chair
Commissioner Kirkmeyer, Pro -Tern
Commissioner Conway
Commissioner Cozad
Commissioner Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Dawn Anderson
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 17, 2017, and duly published
November 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jessica Lee, c/o Bestway Concrete, for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0054, for Mineral Resource Development including Open Pit
Mining (sand, gravel and stone) and materials processing in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
127- Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the 19.7 -acre site location in relation to State Highway 392 and County Road (CR) 13
and the three (3) mile referral area of the Town of Windsor and Larimer County and he reviewed
the referral responses from these jurisdictions. He reported surrounding property uses, nearest
residences and floodplain proximities. Mr. Ogle described the one area of planned extraction and
explained materials transportation methods. He reviewed the existing access location, sand and
gravel map classifications, reclamation plans, and provided the Mine Approval Permit, #M-2000-
144, from the Division of Reclamation, Mining and Safety. He explained the permit has a
conditional amendment requiring, prior to recording the USR Map, the applicant to submit written
evidence from the DRMS that financial and performance warranty was submitted and accepted
for mining activities. He reported 22 referrals were sent to surrounding agencies and five (5)
responses were received with comments considered in the staff recommendation. Mr. Ogle
displayed images and entered the favorable recommendation of the Planning Commission into
the record as written.
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O Dawn Anderson, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements, stating the access is from CR 13 and is under the
jurisdiction of the Town of Windsor; therefore, staff is requesting the applicant abide by the
permitting requirements for the Town of Windsor. She clarified there is no Improvements
Agreement required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the site meets Exception #1.A.6 for gravel pits where the
stormwater drains into the pit. She further stated the site is located in the MS4 area but gravel
mining does not trigger MS4 requirements per the MS4 Administrator. The site is encompassed
entirely by the Cache La Poudre Floodway. She stated the applicant has already obtained a Flood
Hazard Development Permit, FHDP17-0042, for gravel mining. Ms. Balzano reviewed the
Conditions and Development Standards relevant to Engineering.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the use of bottled water and portable toilets are acceptable. She further
reported that noise is restricted to the Industrial Zone limit, all processing of materials will occur
on the adjacent mining site, and there will be no fuel storage or washing on this site. Ms. Light
stated the applicant has obtained a Colorado Air Permit and Discharge Permit and will be required
to notify the County of any compliance or revocation issues with the obtained State permits. She
further stated Development Standards (DS) #3-14 address Environmental Health items.
• Andy Rodriguez represented the applicant and began by presenting a PowerPoint reviewing
the proposed site location, and the total number of mines, concrete plants, and employees
associated with Bestway. He reported Bestway as having contributed to many water storage
vessels in the area and stated Bestway is committed to continued mining and development of
water storage areas in Weld County. He described the proposed site, stating the intent to mine
approximately one million tons of gravel over the next two to three years and thereafter the
reclaimed land will be returned to dry land and be left in native grasses. He reviewed the depth
and ratio of resources and the various permits the applicant has obtained from the State.
Mr. Rodriguez explained the operations in conjunction with the two adjacent sites which provides
for no off -site traffic or trucking as all resources can be moved within these adjacent sites.
Mark Johnson, Bestway, introduced himself and confirmed the adjacent mining operations
are close to completion.
la Mr. Rodriguez continued by stating this mine allows for the continuation of mining at this
location and he repeated the plan for reclamation.
04 No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Johnson stated there is no portion of the new
project in the Town of Windsor's City Limits and he reviewed the details of the agreement with
the Town. In further response, Mr. Rodriguez responded there is no phasing. Mr. Johnson stated
they will backfill as they go for reclamation efforts. In response to Commissioner Cozad,
Mr. Johnson explained that Bestway will return the site to the original elevation and has no plans
2018-0014
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HEARING CERTIFICATION — JESSICA LEE, C/O BESTWAY CONCRETE (USR17-0054)
PAGE 3
of elevating. In further response to Commissioner, Mr. Johnson clarified that the prior structures
were removed after State approval of the proposal.
• In response to Commissioner Kirkmeyer, Mr. Johnson explained the oil and gas
encumbrances on the property. Mr. Rodriguez verified there are no residents on the property.
• After discussion regarding lighting, the Board agreed to delete Condition of Approval
(COA) #1.B. Commissioner Kirkmeyer suggested deleting COA #1.A.11, the Board agreed. She
also requested an amendment to COA #1.E to remove the words, "...and submit the approved
haul route from the Town...". In response to Commissioner Kirkmeyer, Mr. Johnson stated he
would not need more than the proposed six (6) employees.
• Chair Moreno reviewed the changes for the applicant. In response to Chair Moreno,
Mr. Johnson and Mr. Rodriguez indicated they have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Jessica Lee, do Bestway
Concrete, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0054,
for Mineral Resource Development including Open Pit Mining (sand, gravel and stone) and
materials processing in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:59 a.m.
This Certification was approved on the 8th day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: dititiVG:. itD•
Weld County Clerk to the Board
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Deputy Clerkao the Boar
APPRQ.
D AS TO FO
unty Attorney
Date of signature: 0//17(lFs
Ste e Moreno, Chair
arbara Kirkmey
Sean P.
ie A. Cozad
Mike Freeman
r, Pro-Te
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