HomeMy WebLinkAbout20174016.tiffHEARING CERTIFICATION
DOCKET NO. 2017-98
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0042, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE DISTRICT
- VARRA COMPANIES, INC.
A public hearing was conducted on December 20, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Clerk to the Board, Esther Gesick
Summarized from Audio, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
ta I hereby certify that pursuant to a notice dated November 3, 2017, and duly published
November 8, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Varra Companies, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0042, for Mineral Resource Development including Open Pit Mining
(sand, gravel and stone) in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
Chair Cozad reviewed, for the applicants and the public, the procedures to follow should the
case result in a tie vote due to four Commissioners being present and Commissioner Conway
being excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located within the three (3) mile referral area of the Towns of Firestone, Mead,
and Platteville and the City of Fort Lupton, and he reviewed the referral responses from these
jurisdictions. He described the surrounding land uses to portray compatibility and reviewed the
site layout and operations plan. Mr. Ogle explained variances in depth, composition and extent of
the aggregate deposits and explained transportation methods to the mining area and
subsequently the Kurtz facility. He stated the number of employees at full operation will be twelve
(12) and he described the primary end use for the property post reclamation will be the
development of a water resource reservoir. Mr. Ogle reported the applicant has obtained approval
for the future reservoir from the Colorado Division of Reclamation, Mining and Safety (DRMS),
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HEARING CERTIFICATION - VARRA COMPANIES, INC. (USR17-0042)
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Permit #M-2015-033, conditionally approved on May 18, 2017. He clarified the applicant has met
the condition to submit written evidence of Financial Warranty Performance; therefore, Condition
of Approval (COA) #2.E can be deleted. Mr. Ogle attested staff sent out 20 referrals and received
six (6) responses with comments that have been considered in the staff recommendation. He
displayed photos of the site and surrounding area and entered the favorable recommendation of
the Planning Commission into the record as written.
el Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, reviewing the access location, average daily traffic counts
and truck percentages. He reported the traffic narrative indicated traffic will be limited to
occasional pit run removals, unexpected needs, and emergency contracts or exceptional
circumstances exceeding more than 24 trips in an eight (8) hour period on a temporary basis;
therefore, the Department of Public Works is requiring both tracking control and an Improvements
Agreement.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant submitted a drainage narrative stipulating the
operation meets Exception 1.A.6 for gravel pits where stormwater drains into the pit. She reviewed
the typical Conditions of Approval and Development Standards. Ms. Balzano reported the
northeast corner of the site is currently encumbered by a Zone A Floodplain; however, after further
research it is believed this portion of the site is no longer connected to the main river body and
the applicant will need to complete a Letter of Map Change through the Federal Emergency
Management Agency (FEMA) to remove this area from the floodplain or complete a Conditional
Letter of Map Revision/Letter of Map Revision (CLOMR/LOMR) to address the elevation changes.
In response to Chair Cozad, Ms. Balzano clarified the options for the applicant prior to mining in
the northeast corner.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating bottled water and portable toilets are acceptable and there will be no on -site
truck fueling. He reported Development Standards (DS) #3-20 address Environmental Health
items.
07 Garrett Varra, applicant, stated this is an expansion of the mining business, as they have
two other permitted mines in Weld County and Firestone. He explained the upgrade to the
conveyor system to reduce the impact to property owners in the area by directly moving material
to the main processing site off of State Highway 66. He asserted this proposal increases the
amount of mine life in the area. Mr. Varra stated he has worked very closely with the surrounding
property owners to ensure no undue burden.
12 No public testimony was offered concerning this matter.
el In response to Chair Cozad, Mr. Varra stated he has no concerns with the Conditions or
Development Standards, and he confirmed he is working with Ms. Balzano to submit the Letter of
Map Amendment to FEMA for approval. Mr. Varra further stated the hours of operation within this
USR are the same as the surrounding sites, with exception of emergency work. He clarified traffic
will remain substantially the same and he committed to work with the County if future traffic
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HEARING CERTIFICATION - VARRA COMPANIES, INC. (USR17-0042)
PAGE 3
triggers improvements. In response to Chair Cozad, Mr. Varra explained it took longer to obtain
the DRMS Permit due to mitigation efforts regarding the high -volume irrigation well on the
northeast corner adjacent property (Meyer Farms), and he stated he continues to pursue
mitigation and legislation to obtain an agreement and/or a court decree to allow the operation to
move forward.
In response to Commissioner Kirkmeyer, Mr. Varra explained COA #1.A.13 does not cause
an issue by showing setback distances. In response to Chair Cozad, Mr. Varra stated there is no
Surface Use Agreement (SUA), as everything has been done under an existing lease. The Board
discussed DS #27 and amended the last sentence by adding language provided by Mr. Choate,
to read, "..., or if work is competed in response to an emergency disaster declared by local, state,
or federal authorities."
Chair Cozad reviewed the changes to the Resolution for the applicant. In response to Chair
Cozad, Mr. Varra indicated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as amended.
Commissioner Kirkmeyer, moved to approve the request of Varra Companies, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0042, for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone) 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 entered into the record. The
motion was seconded by Commissioner Freeman, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:05 a.m.
This Certification was approved on the 27th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CCJNTY, COLADO
ATTEST: diriu4) jC..,ito;ti
Weld County Clerk to the Board
BY:
Deputy Clerk
Steve Moreno, Pro-Tem
EXCUSED
Sean P. Conway
APP' ' • • D AS EXCUSED DATE OF APPROVAL
Mike Freeman
ounty Attorney
arbara Kirkmeye9
Date of signature:
2017-4016
PL2505
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