HomeMy WebLinkAbout20173857.tiffHEARING CERTIFICATION
DOCKET NO. 2017-86.B part 1
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.
A public hearing was conducted on Monday, November 6, 2017, at 10:00 a.m., with the following
present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, 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:
Chair Cozad gave instructions for the public in attendance to sign the attendance sheet to
assist with the hearing process, quiet cell phones, and refrain from public outbursts. She also
notified the public of a scheduled recess due to a lunch engagement.
a I hereby certify that pursuant to a notice dated September 15, 2017, and duly published
October 20, 2017, in the Greeley Tribune, a public hearing was conducted on October 25, 2017,
to consider the request of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., for 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, at which time the Board deemed it appropriate to
continue the matter to Monday, November 6, 2017, at 10:00 a.m., to allow the applicant time to
schedule a second open house for surrounding property owners and to allow all five (5)
Commissioners to be present. On November 6, 2017, Bob Choate, Assistant County Attorney,
made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
reviewed the reasons for the prior continuance to allow all five Commissioners to be present and
to allow the applicant time to hold a Community Meeting in response to the influx of public
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correspondence in opposition to the application. He reported the applicant held a Community
Meeting on October 30, 2017, at the Windsor -Severance Fire Station with approximately 50
persons attending. He stated Ms. Johnson will elaborate on the outcome. Mr. Ogle provided the
site location in relation to relevant County roads, State Highway 257, the Larimer County Canal,
and an overhead transmission line belonging to the Platte River Power Authority, and the site is
also located within the Coordinated Planning Agreement (CPA) area between Weld County and
the Towns of Severance and Windsor. Mr. Ogle clarified that although the site is located within
the CPA for the Town of Windsor, it is outside the growth and land use planning area for the 2016
Comprehensive Plan. He reported that Simon Contractors met with the Town of Windsor Planning
Director on July 7, 2017, and he did not express concerns at that time. He reported that in an
electronic mail referral, the Town of Windsor echoed comments made by the Town of Severance
related to improvements on State Highway 257. Mr. Ogle explained the development nodes
relevant to the area and the site development proposed, and clarified it is desirable to promote
development in these areas. He explained the Town of Severance projections for development in
these nodes as primarily urban infrastructure that may allow for a higher intensity use and may
occur in phases based on high traffic counts, good access to other highways, and potential uses
allowed may include industrial. Mr. Ogle expanded on the Town of Severance future Town plan
per ordinance and stated Simon Contractors met with the Town Planner, who also attended the
Open House on July 10, 2017, and submitted a letter of support which was included with the
application materials. He reviewed the locations of the nearest residences and adjacent land
uses. He explained the current temporary use and proposal for a permanent use. He reported the
concerns sited by surrounding property owners by correspondence and phone calls to include:
noise, traffic, smell, risk to surrounding land uses, pollution, increase to traffic, toxins, trucks
blocking roads and intersections, dust, debris, cancer causing agents, taxes increase, property
values decrease, polluted water runoff, damage to roads, and water utilized to irrigate
compromised. He reported the date of the second community meeting. Mr. Ogle described the
services provided by Simon Contractors to include: asphalt, asphalt paving, ready mix concrete,
bridge construction, utility construction and concrete construction. He stated the proximity to state
highways was a factor in site selection and he reviewed the specific services related to this current
proposal that will be provided to include asphalt and ready -mix products. He stated Simon
Contractors is expecting to receive aggregate from Wyoming to include crushed stone, sand,
gravel and recycled asphalt product. He reviewed staff's recommendations for mitigation and
stated the applicant has also submitted revised plans to assist with mitigation. Mr. Ogle stated
staff sent out 22 referrals and received five (5) responses with comments that have been
considered in the Conditions and Development Standards. He displayed photos of the site and
surrounding properties and entered the favorable recommendation of the Planning Commission
into the record as written. In response to Commissioner Conway, Mr. Ogle stated the temporary
use utilizes 25 acres of the 31 -acre parcel. In response to Commissioner Moreno, Mr. Ogle stated
there is materials processing on -site to be used for the batch plant and there is an asphalt plant
and a concrete plant.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating a temporary Access Permit, AP17-00290, was
approved for the temporary use; however, a permanent Access Permit will be issued if and when
the permanent use is approved. He reported the traffic counts to include truck percentages and
stated the applicant submitted a Traffic Study to analyze the traffic impact at this site, and at full
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buildout it is estimated that there will be approximately 250 truck round trips and 35 passenger
vehicle trips expected daily. He stated based on these numbers, the Department of Public Works
has requested an Improvements Agreement be required for the construction of off -site
improvements to mitigate the impact to this site. Mr. Pinkham outlined these improvements to
include paving CR 80.5 from State Highway 257 to 50 feet to the eastern most access of the site.
He stated the traffic is not anticipated to travel east, therefore, the paving will stop at the eastern
access. He further explained that the Colorado Department of Transportation (CDOT) has
reviewed the Traffic Study and determined that off -site improvements are required on State
Highway 257 to include a northbound right deceleration lane, a southbound left deceleration lane
and a northbound right acceleration lane. He stated the Department of Public Works is requiring
tracking control with either a tracking control device and 100 feet of asphalt or 300 feet of asphalt.
He clarified an Improvements Agreement will be required and staff would like to add a Condition
of Approval (COA) #7.A to require acceptance of construction drawings and construction of off -
site roadway improvements prior to operation to include the paving requirement; and, to add
another COA #7.C stating accepted construction drawings by CDOT and construction of off -site
roadway improvements to State Highway 257 are required to be completed prior to operation. He
clarified this requirement will be affective after the current temporary use permit for the batch plant
expires. He stated these include the off -site improvements for CDOT on State Highway 257 and
include construction of a northbound right deceleration lane, a southbound left deceleration lane
and a northbound right acceleration lane. In response to Commissioner Conway, Mr. Pinkham
concurred the aggregate is being trucked from Wyoming. He stated the percentages according to
the Traffic Study indicate 70% of the trucks will travel from the north and 30% from the south.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and stated the applicant has submitted a preliminary drainage report and is
designing the detention of the 100 -year storm and releasing at the five (5) year historic rate. She
reported the applicant is proposing the use of an alternative water quality feature called the aqua
swirl hydro -dynamic separator and that this feature was chosen to address the water quality in
relation to the hydro -carbons. She stated Engineering requested more information to include
requiring field monitoring criteria for testing to be reviewed in consideration of this substitution.
Ms. Balzano reviewed the Conditions of Approval and Development Standards related to
Engineering. In response to Commissioner Conway, Ms. Balzano provided an overview of the
letter from the Larimer County Canal Company regarding runoff and urban storm drainage.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated water service is provided by the North Weld County Water District. The
applicant is proposing to permit and install a commercial septic system and will need to provide
evidence of an Underground Injection Controlled Class 5 Injection Well Permit from the
Environmental Protection Agency or provide evidence that they are not subject to such
requirements. He added that if the septic system design surpasses 2,000 gallons, or more per
day, the applicant will need to adhere to the State requirements and these items are required prior
to the issuance of the Certificate of Occupancy. Mr. Frissell stated that the use of portable toilets
and bottled water for drivers is acceptable. He reported Development Standards (DS) #10-26 to
address Environmental Health items.
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=~ Anne Johnson, Tetra Tech, represented the applicant. In response to Chair Cozad,
Ms. Johnson stated her formal presentation will take about an hour.
• Commissioner Kirkmeyer stated there is a Condition requiring a letter from the Larimer
County Canal Company to provide evidence that the Canal will accept overflow, overland flows
of water; however, it does not appear that the applicant is going to get that approval from the
Canal Company. She requested the applicant answer to that and clarify if there is an alternative
solution. Ms. Johnson stated the attorney that has been working with the canal company will
answer for the applicant.
Ken Lind, Attorney representing the applicants, agreed that there is no agreement in place
at this time and, when it is appropriate, they will request the Board modify this Condition. He
further commented that the County Attorney has reviewed the situation. Mr. Lind stated he does
not anticipate the Canal Company will refuse to issue a letter, and, if needed, there is an
alternative plan.
Ms. Johnson stated her appreciation for the continuance as requested, introduced the team
and displayed a PowerPoint presentation (Exhibit BF). She provided the history for Simon
Contractors, including certain projects and awards, and listed the services they provide to include
asphalt and asphalt paving, ready mix concrete and concrete construction, bridge and utility
construction. Ms. Johnson presented reasons the permanent permit would benefit the area to
include road and bridge repairs and construction and availability of aggregate materials based on
the current needs and the estimated growth in Northern Colorado. She reviewed the investment
Simon Contractors estimates for this permanent facility to include funds, jobs, benefits, customer
base to include CDOT and both Weld and Larimer Counties and emphasized their commitment
to being a steward of the environment with Best Management Practices (BMPs). She provided
the timeline from inception of the temporary facility through phases of development for the
permanent facility. Ms. Johnson reported the applicant held an additional Community Meeting on
October 30, 2017, to address the concerns of the neighbors. In response to Commissioner
Conway, she stated 55 people attended. She described the proposed site plan in detail and
offered mitigation measures to include fencing, berming, specific traffic routes, traffic circulation,
and access points, and she emphasized how the applicant is currently compliant with the Towns
of Windsor and Severance and Weld County to date. She explained the development nodes and
how the applicant will be compatible and compliant and welcomed by the Town of Severance.
Ms. Johnson stated the site is not diminishing prime farmland and the plant is located as far west
as possible. She stated the nearest residence is half a mile away and she provided a visual
simulation to display the permanent facility. She clarified the temporary facility has not impacted
the surrounding property owners, as there have been no complaints and the benefits to the
surrounding communities are numerous. She stated her appreciation for the opportunity to
address the concerns of the neighbors and provide further mitigations. Ms. Johnson addressed
changes to Conditions of Approval as requested by the applicant, and she clarified the applicant
will be requesting an extension for the current temporary permit to be able to continue to complete
the projects that are underway.
• Chair Cozad recessed the hearing at 11:45 a.m. with instructions to return at 1:45 p.m.
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Chair Cozad reconvened the hearing at 1:45 p.m. (Clerk's Note: due to technical difficulties, the
audio is unavailable for the remainder of this portion of the hearing on November 6, 2017, from
1:45 p.m. to 3:30 p.m.)
Ms. Johnson reviewed the letter (Exhibit CC) compiled with the intent of addressing the concerns
of those who attended the community meeting. She began by addressing the physical
components of noise, increased traffic, smell, risk to surrounding land uses, pollution, toxins,
trucks blocking roads and intersections, dust, debris, cancer causing agents, increased taxes,
decreased property values, polluted water runoff, damage to roads, and compromised irrigation
water.
Jeffrey Butson, TetraTech, addressed water service and stormwater drainage in relation to the
use of BMPs to test water before releasing it. He also discussed the use of lyme, peak flows, and
the Spill Prevention Control and Countermeasure (SPCC) Plan.
Ms. Johnson further addressed visual impact, medical and health impacts, property values,
environmental safety, and efforts to obtain all permits and meet all requirements to be in
compliance. In response to Commissioner Conway, she clarified there are a number of residential
developments with an adjacent asphalt or concrete batch plants; some were present before and
some were developed after the residential development. She cited a reference to Dr. Phillips
regarding living near asphalt plants and concrete plants with little to no health risks. Ms. Johnson
further stated the Colorado Department of Public Health and Environment has documentation to
support that the compliance of emissions kept below certain levels does not cause health risks.
Ms. Johnson stated she has provided answers to questions regarding air emissions and what the
Environmental Protection Agency (EPA) has determined to include concerns related to sight or
smell of emissions, comparisons, number of compounds, exposure connections to cancer and,
overall, the material included in the applicant's response letter proves there are no risks to
individuals living near an asphalt batch plant.
In response to Commissioner Conway, Ms. Johnson stated the site location is approximately
five (5) miles from Interstate 25, and within the corridor of accessible roadways. She described
the strip of land, the footprint of the temporary permit area, and the future development for the
proposed permanent Use.
Chair Cozad opened the hearing to public input with instructions regarding the three (3) minute
time limit for each speaker.
Bill Lentz, surrounding property owner (SPO), stated the assault of the dust and noise cause an
emotional impact and stating "a lot of people live close by asphalt plants" does not make it better
when it becomes evident there is an unwelcome gift by these "nice neighbors" being forced upon
the neighborhood. He stated he lives in an agricultural urban development zone and this plant is
being pushed into the region. Mr. Lentz asserted a permanent asphalt plant does cause problems
and the plant advocates act as bullies to insert a plant where it should not be. He stated the area
is agricultural and the traffic has already increased with growth. He explained the plant is
powerfully intrusive and has brought different sounds to the environment, especially during quiet
times. Mr. Lentz further pointed out that fully loaded big rigs are over 30,000 times more damaging
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to the highway and he requested protection from companies that will permanently change the
area. He relented that he understands highways need asphalt and concrete but he respectfully
requested this operation be closed and the applicant find a location more suitable to heavy
industry. In response to Commissioner Kirkmeyer, Mr. Lentz stated he lives 3/10 of a mile north
of the plant and he confirmed he has complaints regarding the present plant to include constant
dust. In further response, he stated he was notified by a neighbor regarding the proposed
permanency.
Eric Steidl, SPO, stated his family operates a cattle ranch and draws irrigation water from the
canal on the southern boundary and their ranch is down wind and he can vouch for the constant
dust. Mr. Steidl explained the risk assessment and stated he did not have a position for or against
because it was temporary and now he is concerned about the impact of a long term, permanent
use on the rural residential and agricultural setting. He stated the applicant appears to currently
be in compliance, but there is a community being impacted while it profits the applicant. He
explained the community meeting solidified his stance of opposition and he submitted a letter
regarding: stormwater runoff, truck traffic, 24/7 operations, dumping polluted water, stormwater
runoff, and polluting the canal that provides irrigation. He clarified he is not disputing the need for
the product, but the location, hours of operation, and incompatibility with the population density
and surrounding property uses leads him to believe there are better locations for such operations.
In response to Commissioner Conway, Mr. Steidl reiterated the potential for contamination to the
water and the risks associated with released water into the canal. He stated as contaminants
settle, there is also a chance for leaching and release of polluted water to the canal.
Pete Hyland, SPO, stated his concerns with water pollution and the permanent facility.
Kathleen Pirrone, SPO, stated she found out about the community meeting the day before it was
scheduled. She explained she moved to the area in 2011 to live on three acres in a country setting
and when she moved in there was less traffic. She stated there has been growth in the area and
the truck traffic has increased substantially. Ms. Pirrone explained she has allergies to oil products
and has had to pay someone to clean the windows knowing the prevailing winds bring the dust
daily. She stated she is concerned with a loss of the quality of life and reiterated that she moved
to the country to get away from industry and thought they would be safe out in the boonies.
Joe Pirrone, SPO and husband to Kathleen Pirrone, stated he is opposed to the permanent
permitting of the plant, as the applicants seem to be independent of code compliance and he is
very skeptical regarding compliance over the long term. He concluded the noise test appears to
be self-administered only once a year; therefore, he questioned what happens if there is noise
outside compliance the rest of the year and nothing gets done unless a complaint is made and
followed up on. He expressed concern with the reduction of quality of life, the pollution of all the
environmental aspects, and the increased traffic which is already a mess. Mr. Pirrone argued with
the proposed truck percentages and truck routes because the trucks are distinctive and there is
already a higher percentage than what they are proposing traveling south. In response to
Commissioner Moreno, Mr. Pirrone reiterated his concerns regarding traffic, noise, and the totality
of issues. In response to Commissioner Kirkmeyer, he stated they were never notified by the
applicant.
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Tom Moore, SPO, stated he is opposed due to trucks stacked up and stopped, waiting to get into
the site, the site being so narrow and no landscaping mitigation, waste oil contaminants, and the
site is adjacent to his farm and he is requesting denial because it is the wrong place. He described
other locations on much bigger parcels and stated this site is not compatible for this use.
Mr. Moore asserted that special uses must be compatible and capable of existing in harmony and
this is a horrible operation for this location and for the whole area. He stated he has witnessed
visual emissions coming out of the plant and the applicant stated that was the result of restarting
the asphalt maker. He is concerned with pollution in the ditch.
Tom Peterson, Director of Colorado Asphalt and Paving, stated he is in a position to comment on
emissions from an asphalt plant. He ascertained there are several asphalt batch plants directly
adjacent to residential and agricultural land. He rebuffed the concerns regarding asphalt polluting
the water supply because when it comes into contact with water it hardens and he gave an
example of the 2013 Flood when a liquid asphalt tank flipped and went in to the Poudre River.
Mr. Peterson provided his opinion regarding emissions and explained the combustion of moisture
steam that evaporates and he reviewed the primary fuel source, permit restrictions, and health
effects of emissions comparisons of on -site exposure versus distant exposure and the results on
air quality with the increase in asphalt production over the last 30 years.
James Dupriest, SPO, stated he is concerned regarding the water quality because his farm has
been there since 1904, and the water irrigation comes from the canal. He stated it is better to use
precautionary principle and see the moral obligation to stop it rather than risk the consequences
of approving it. Mr. DuPriest expressed his concern over not being made not aware of this
application without the notification of a neighbor. He is further concerned because there is a huge
difference between a temporary plant and a permanent plant. He asked how many silos there
would be and how tall they would be and he reminded the Board of the destruction from the 2013
flood and asked that precautionary principle precede mitigation.
Brian Tufts, SPO, stated he lives 3/4 of a mile from the plant and he provided results from his
personal traffic report, which differ from the numbers from the applicant. He provided a visual
(Exhibit BY). In response to Commissioner Freeman, he stated he understands his numbers are
close to staffs' numbers but they are much different from the applicant's information that was
provided.
Don Highfield, SPO, read his email (Exhibit BH) and he added that in the interest of being a good
neighbor to others in the area, it would be prudent to check with counterparts of the increase in
traffic. He pointed out where he lives in relation to the plant. In response to Commissioner
Conway, Mr. Highfield stated when he asked why this site was selected, he received the answer
that it was financial and that other site locations zoned for industrial were brought up at other
meetings.
Lauri Thoma, SPO, stated the applicant says they want to be a good neighbor, yet the temporary
plant just popped up with no neighborly notification. She explained she had searched for 15 years
and finally found the right location to be able to live the country dream only two years ago and at
that time the area was all agricultural and rural residential. She stated the applicant is wanting to
move in under the radar. She expressed her frustration that only three (3) people received
notification regarding this proposal and she cited her concerns regarding increased truck traffic,
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dust and pollution. She requested the Board protect the neighbors. In response to Commissioner
Conway, she stated traffic was very minimal before the temporary batch plant arrived.
Jack Winter, SPO, stated the Town of Severance has already passed an annexation for a huge
sports complex which will increase traffic. He explained he has a farm and there is already so
much traffic it is almost unbearable and he has a difficult time moving farm equipment. Mr. Winter
explained the drainage travels down to his property and he is concerned with contamination. He
stated this site is not a good location and the plant operations should be put somewhere else. He
explained he has sons and grandsons and they are trying to save the farm to be able to pass it
on to them and keep it in the family.
Chair Cozad recessed the hearing regarding the request of Cactus Hill Ranch Company, c/o
Simon Contractors, Inc., for 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, to be reconvened on Wednesday,
November 8, 2017, at 9:00 a.m. There being no further discussion, the hearing was recessed at
3:30 p.m.
(Clerk's Note: See Hearing Certification — Docket No. 2017-86.8 part 2 for remainder of
discussion.)
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HEARING CERTIFICATION
DOCKET NO. 2017-86.B part 2
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.
A public hearing was conducted on November 8, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, 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:
Chair Cozad reconvened Docket #2017-86, at 9:25 a.m., which was previously recessed on
November 6, 2017.
I hereby certify that pursuant to a notice dated September 15, 2017, and duly published
October 20, 2017, in the Greeley Tribune, a public hearing was conducted on October 25, 2017,
to consider the request of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., for 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, at which time the Board deemed it appropriate to
continue the matter to Monday, November 6, 2017, at 10:00 a.m., to allow the applicant time to
schedule a second open house for surrounding property owners and to allow all five (5)
Commissioners to be present. On November 6, 2017, the hearing was conducted and recessed
at 3:30 p.m., to be reconvened on November 8, 2017, at 9:00 a.m. On November 8, 2017, Bob
Choate, Assistant County Attorney, made this a matter of record.
.21 Chair Cozad instructed the audience that the Board will open with continued Public Input and
she reminded everyone of the three (3) minute speaking limitation to assist with allowing everyone
that wishes to speak.
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Don Frick, Attorney with Fischer, Brown, Bartlett and Gunn, representing the water and
storage company known as Larimer County Canal Company, stated there were two (2) letters
submitted for the record clarifying the applicants must have a written agreement to discharge
water to the canal. He explained this agreement protects whether the historical discharges are
altered in time, quantity or quality, which the proposed facility will do. Mr. Frick reviewed
compliance with drainage law and County Code and stated this agreement is necessary to
prevent any potential for adverse impacts to the ditch, water quality, stockholders, and tens of
thousands of acres that are irrigated from the ditch. He elaborated further regarding the timing in
consideration of the temporary batch plant that has been operating for several months and the
intent of the applicant which has always been to discharge into the canal and yet the applicant
did not propose any sort of agreement until Friday. Mr. Frick clarified it will take a while for the
company to review this agreement and decide whether to accept it or not. He further stated the
applicant is proposing changes to stormwater drainage requirements and, without knowing what
those changes are, those will need to be reviewed as well. He reported this same proposal was
rejected by the Planning Commission and it was not until after Planning Commission that they
were even approached with an agreement. Mr. Frick explained why the applicant's proposed
change to drainage is not a good idea and how it violates the drainage law and eliminates County
control over the drainage. He specified the applicant cannot alter drainage on a downgrading land
owner and simply say they tried to get an agreement. He speculated the applicant is purposely
withholding information regarding changes until after public comment to prevent the public being
able to comment on them. Mr. Frick asserted, to this point, what has been proposed is not
acceptable to the canal company.
In response to Commissioner Conway, Mr. Frick verified when they were contacted by the
applicant and when they received a proposed agreement. He further clarified that their position is
that the facility cannot be constructed without an agreement with the canal company. In response
to Commissioner Kirkmeyer, Mr. Frick agreed that if the applicant chooses not to discharge into
the ditch then the conversation requiring an agreement is moot. He further stated historical
drainage into the ditch does not require an agreement; however, the impervious area will cause
an increase in stormwater discharge and this is not permitted under drainage law, and water
quality is a concern as well. Mr. Frick stated he believes it is impossible to develop this area
without surpassing the historic drainage because the imperviousness will increase. He stated
language can be crafted, but language does not change the impact of increased imperviousness
to the area. In response to Chair Cozad, Mr. Frick stated drainage law allows a reasonable
easement for discharge of stormwater; however, there are water quality restrictions and it is not
lawful to dump your drainage in the ditch without an agreement as that provides grounds for an
injunction. Chair Cozad asked Mr. Frick to respond to the detention and retention pond designs
and the scenario of discharging below the historic rate. In response, Mr. Frick stated dialogue is
welcome; however, the proposal was not received until Friday. He further commented on the
proposed aqua -swirl, stating the treatment of the water happens upon discharge and without
knowing if this is a dependable means of removing contaminants, it is possible that discharge
takes place and contaminates the ditch. He stated it is not appropriate to move forward and say
we hope it works. In response to Commissioner Conway, Mr. Frick stated this is also a 100 -year
spillway and what the applicant is proposing is not a typical passive detention pond system, rather,
it is actively managed by a switch and if an outlet or pump malfunctions, there is the potential for
overflow into the ditch which creates more concerns related to water management. In response
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to Commissioner Moreno, Mr. Frick stated any agreement would realistically not be voted on until
January and that is only if an agreement can be reached. In response to Commissioner Kirkmeyer,
Mr. Frick stated if the applicant presents an alternative method of discharge that fits the code and
drainage laws, it is fair to say they do not need an agreement with the ditch company. However,
they prefer the language remain the same which requires an agreement because if what the
applicant presents is not acceptable to the ditch company, they will file an injunction. In further
response, he stated the applicant installed the temporary facility and to his knowledge the
drainage is going into the canal and he does not know the rate because they did all this without
communicating to the ditch company.
Mr. Choate stated the proposed development agreement has been submitted and is in the
record.
m. In response to Commissioner Conway, Mr. Frick stated if there is a spill that drains to the
canal, there are thousands of acres of crops that could be contaminated. In response to
Commissioner Kirkmeyer, Mr. Frick stated he is speculating and has no documentation to support
his last comment.
A_ Linda Tufts, surrounding property owner (SPO), pointed out her house on the map, and read
her husband's letter of opposition because he was unable to be present. Ms. Tufts then read her
letter. Both letters and the petition signed by several in opposition are included in the record as
Exhibit CH.
p = William Lake, SPO, stated he is very concerned about the increased traffic with the proposed
250 trucks in a 24 -hour period resulting in 500 turns at the intersection every twelve hours and
equating to one truck every one and a half minutes, which does not include staff. He expressed
his frustration with this increase of traffic taking place on a gravel road that is only 21 feet wide
and his frustration with truck staging which slows down the current traffic and creates dangerous
circumstances. Mr. Lake stated adding another 250 trucks on the gravel road will create even
more congestion and frustration and he suggested long turning lanes for both the ingress and
egress of the site. He stated he does not understand the thinking on this project, which could
result in lost lives due to traffic accidents. He also expressed his concerns regarding the water
quality and the threat of contamination. Mr. Lake stated the canal provides water for irrigation and
drinking water. Lastly, he stated this property is beautiful with mountain views and to industrialize
this property is a waste.
Susan Lake, SPO, stated they have been residents since 1980, and raising cattle and crops
for over 30 years. She explained they try to be good stewards of the land and that their cattle
often drink from the canal. She reiterated the quality of the water as pristine and to even think of
allowing runoff to contaminate it is a horrible thought. She repeated that her animals drink the
water and they irrigate their hay crops with it, which are sold all over the country. Ms. Lake stated
the folks in this area have sacrificed so much to promote the agriculture and provide for their
families and she implored the Board protect the residents and deny the application.
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Christian Schulte, attorney representing Thomas Moore, stated Mr. Moore spoke very
eloquently at the Planning Commission hearing regarding his farm that has been in his family for
over 100 years, and the frustration expressed today by numerous individuals speaks to the level
of importance regarding this life changing decision. He stated his desire is to provide a service,
although he is not personally impacted. Mr. Schulte stated the issue to be determined is if this
use is compatible with the agricultural and residential uses that are existing. He reiterated the
importance of consideration regarding the traffic impact and the potential impact to the water
supply. Mr. Schulte reviewed the tragic information to include numbers of daily truck trips and the
truck staging on CR 80.5 and Highway 257, and remarked this is an effort to squeeze a lot of
truck traffic into a very small location that is already a bottle neck on a tiny road with no width to
spare. He summed up these variables as impractical and suggested there has to be other land
available to provide more space and perhaps access roads more capable of handling this amount
of increased traffic. Furthermore, he stated it would be considerate to find land not immediately
adjacent to a canal that waters thousands of acres of agriculture. Mr. Schulte reminded the Board
that the Planning Commission was not unanimous and were clearly troubled over the traffic, water
issues, and property values. Mr. Schulte requested the Board consider a denial based on the lack
of compatibility. In response to Commissioner Conway, Mr. Schulte stated he has been told by
others in the area that there are over 25,000 acres of irrigated agricultural land dependent on the
canal. In response to Commissioner Kirkmeyer, Mr. Schulte stated he does not have any
documentation regarding property values decreasing from being next to an asphalt batch plant;
however, he stated he does have a law firm that represents landowners and it is known among
the real estate community that a concrete batch plant is a negative regarding potential for
increased value to an area. Mr. Schulte repeated the issue is compatibility.
Laura Doyle, SPO, stated she lives 805 feet from the property in question and that she has
documentation to submit that proves that property values do decrease. She continued by
asserting that this plant is not sterile as it has steam toxins present, specifically PM2.5, and she
listed the medical conditions related to this particular toxin. Ms. Doyle provided a packet of
information to include scientific articles and research related to air pollution and there being no
safe levels of PM2.5 (Exhibit CI). She included a letter from a doctor (Exhibit CJ), batch plant
locations in Northern Colorado (Exhibit CK), endangered species affected (Exhibit CL) and a large
packet of research notes (Exhibit CM). Ms. Doyle summarized each portion of her research and
added that she made the complaint against the company because the applicant was using her
address for a delivery site for over three months. Ms. Doyle explained this has impacted her
property and her life. She stated she is a nurse and often sleeps during the day because of shift
work and was repeatedly awoken to big trucks attempting to deliver items to her property. She
expressed her frustration with the winds that carry the asphalt dust particles that covered her barn
making it look like it was on fire, the dust is constant and she asserted the applicant is attempting
to illegally discharge wastewater into the ditch where her animals drink from. Ms. Doyle stated
this is the wrong place for this company which is not a good neighbor as they take no
responsibility. She stated she has contacted Mr. Pinello several times and he does not take
responsibility for the damage done to her property with semi -trucks driving on her land knocking
down fences and running over items in an attempt to deliver his company's materials. Ms. Doyle
stated her goats are getting sick and she is frustrated with the situation. She repeated that this is
the wrong place for this operation. In response to Chair Cozad, Ms. Doyle stated the information
submitted today is new information. In response to Commissioner Conway, Ms. Doyle stated she
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PAGE 5
has looked at other locations and there is a CDOT property west of this location. Lastly, she
interjected that she has a picture of a semi, spare tires, empty oil cans, battery wrapped in old
innertube, and a half empty container of antifreeze and she requested the applicant clean up the
site.
KA Phil Sweeney, SPO, stated he lives less than a mile from the site and can hear the horn go
off every time the batch plant fires up, usually at night. He expressed his concern regarding the
truck traffic and how these semi -trucks have no problem pulling out in front of folks and it is only
a matter of time before something bad happens. Mr. Sweeney stated his frustration over the
location and concluded that the only reason this site was chosen was because Mr. Nelson sold
out cheap to them and he cannot believe he would do this terrible thing to his own neighbors. He
further expressed frustration because he did not know about it, as he was dealing with his wife's
stroke, and it wasn't until Mr. Moore notified him that he became aware. He stated he has lived
there for 17 years, the site is not big enough for what the applicant wants to do, and they have
not demonstrated Best Management Practices..
Sarah Boustred, SPO, stated she was alerted by a concerned neighbor and attended three
informational meetings which have strengthened her oppositional resolve. She thanked those
who have provided the oppositional research and she also expressed her appreciation for the
farmers and their passionate concern for the stewardship of the land as they take the responsibility
of a safe food chain and delivering safe food. Ms. Boustred expressed concern regarding the
plant moving forward because of consequences to air quality, dust pollution, ground water and
irrigation canal pollution, and noise. She called upon moral consciences to stop this
industrialization from creeping in, protect the farmers, and move the plant to an area with less
environmental impact with a lower density of residential dwellings and where the prevailing winds
will not blow toxins toward the high density residential areas of Weld County. She requested all
parties learn from history and avoid an industrial mishap. Ms. Boustred stated she has a medical
degree and a public health degree and she opposes this proposal. She reported the EPA cites
concrete plants as the third largest source of industrial pollution and she asked why Weld County
is not paying attention.
Elise Brown, SPO, pointed out her house on the map and thanked the Board for sitting and
listening to something that does not directly affect them. She stated her husband, Wendell Brown,
attended the first meetings but was unable to attend this week. She expressed her concerns
regarding the traffic because of trucks stopped on Highway 257, lined up and waiting. She
explained it is not safe to pull up to the Stop sign due to the semi -trucks turning the corners so
sharply. She reminded the Board of a Stop light that was recently installed which has already
caused traffic to be backed up. Ms. Brown stated she has lived in the country for 31 years and
they were the only house out there at that time and she expressed her frustration regarding the
notification requirements of 1,000 feet as that notifies no one when you live in the country, and
for the record, they did not want the solar farm either as this lack of notification makes it very easy
to get something in without notifying the surrounding property owners. In response to
Commissioner Conway, Ms. Brown described the traffic issues in detail and how they have
worsened over the years and how the thought of more truck traffic being added is going to make
it much worse.
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Ben Benson, SPO, stated he lives very close to the ditch that will be affected and he stated
he is very familiar with concrete and one of the main ingredients is 3/4 -inch washed rock and he
questioned if the rock will be washed on -site and if the water used to wash the rock will be
recycled. He described where he lives and that to the west of his house there is a riser in the
irrigation ditch to increase the level for the water to flow over to the farmers. He described the
high shale layer and explained the testing that he had to do before building his house. Mr. Benson
explained the water drains right into Mr. Moore's pond and there will be leaching there. He further
questioned how the road repairs would effect locals and if there would be improvements made to
include deceleration and acceleration lanes and how this will happen when there is no room in
certain areas of the road past the ditch for widening. He questioned if the bridge would be redone,
and with all the repairs, if the obstructed sight areas had been considered.
Amelia Johnson, SPO, asked the Board not to vote for the plant to become permanent, as
this is a residential and agricultural area and some families have lived there for up to 100 years.
She stated this is not an industrial area and all those trucks have already destroyed the road. She
stated she accesses a tiny farm road and numerable people are very frightened by truck drivers.
Kevin McDougal, SPO, stated his concern is the traffic and the trucks because when they
get backed up, they are by his house. He asserted that Simon Contractors has informed him they
don't travel his way but he has observed trucks with Simon labels. He is concerned that with more
trucks, it will only get worse. Mr. McDougal stated he has a hard time believing the applicant will
stick to the traffic plan because when he drives by the site there are men using the restroom
outside and if they cannot even use the outhouses, they are not a good neighbor and he stated
he does not want Simon Contractors in his neighborhood.
Carey Jones, SPO, stated he is a residential home builder and the requirements he has to
go through when developing a subdivision are rigorous regarding traffic. He explained how
dangerous it is to turn out of the subdivision onto Highway 257, at 8:00 a.m., and anticipate it will
be much worse with another 250 trucks. He stated from his experience, he does not see how any
appropriate traffic device can be installed with such a tight place.
=e Zata Steidl, SPO, stated she owns land and runs livestock at CR 78 and CR 21 and that she
opposes this use and agrees with everyone's comments. She referenced a letter she sent in prior
to today's hearing. (Exhibit AV)
3. _= Laura Stretch, SPO, (Exhibit CN) stated she is a water shareholder in the water supply and
storage and the water irrigates her pastures and the hay they sell. She explained the difficulty for
the group of surrounding property owners coming together on short notice and gathering evidence
regarding this case and making time to be here to speak and asked the Board to consider how it
may have gone had they all been aware ahead of time. She presented her facts to include: the
community understanding this was temporary which is why there were not a lot of complaints,
and why as information was disseminated, the Board was inundated with letters of opposition;
the majority of those who have come forward live in unincorporated Weld County and this proposal
benefits one company compared to how it negatively impacts hundreds of residents' health, safety
and well-being and she stated the Board is all the residents have for protection; site analysis
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should have contained the following criteria: away from major irrigation lateral, minimize traffic
issues, areas compatible with industrial, enough real estate to allow adequate berming and
landscaping and walls, cost and convenience considered but not driving decision maker; research
overwhelmingly states that PM2.5 is hazardous to health; noise restrictions are hard to enforce
and exposure to loud noise is detrimental to health; and risk of hazardous particles coming into
homes. If this goes forward, Ms. Stretch requested the operation be restricted to residential noise
limitations, restrict the hours of operation to five days a week and no greater than 12 hours a day,
complete landscaping and berming design be incorporated and if the site is too small find another
site, dust and particulate matter be regulated and enforced to the fullest degree, and in the event
of an accident on Highway 257 and/or Highway 14, truck traffic to this operation will not be routed
through CRs 80.5, 19, 80, 78, and 21 and no rogue trucks that are lost utilizing other roads or
private property, and lastly, that residents are provided contact information to register complaints.
=* Dave Kiskar, concerned citizen, stated this is like d�j� vu as there are compatibility issues,
health and safety issues, traffic issues and real estate issues. He pointed out that is has been
said in several recent cases how hard it is to go back and mitigate an existing facility and this is
a chance to fix it at the beginning. He encouraged the Board to mitigate this completely before
moving forward and take the opportunity to fix it now, instead of two years from now when they
want to do an expansion or a new development is coming in.
a. Ms. Van Beber, concerned citizen, stated it seems like d�j� vu to her as well from five years
ago as what was just over one (1) acre between Pierce and Ault Colorado became over 400 acres
of industrial development. She stated the Board has an opportunity to take care of the Weld
County Citizens and a chance to do something different.
CI There being no further comments, Chair Cozad closed public hearing and expressed
appreciation to the public for participating. Commissioner Kirkmeyer requested a long lunch hour
to review the documents they have received as is their statutory responsibility.
• Chair Cozad recessed at 11:17 a.m.
C. Chair Cozad reconvened at 1:07 p.m., and stated the Board is now aware that there are at
least 1,000 pages of documents to review that have been submitted in the last couple of days and
she requested the applicant be able to review those as well.
• Ms. Johnson stated, in essence of being able to review all the documents and prepare a
rebuttal, her applicant is requesting a continuance to January 3, 2017.
CI Chair Cozad reiterated that no further documents may be submitted by the public, as the
public input portion of this hearing has been closed. She stated the other part of the issue is there
are documents that are so large and were submitted just today, therefore, they have not been
able to be added to the public record yet and if anyone wants instructions on how to access the
public portal once these documents have been added, they may contact Esther Gesick, Clerk to
the Board.
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• Ms. Johnson requested permission to continue to present those items to staff upon
completion to resolve draft Conditions of Approval. Chair Cozad stated that is normal procedure
and is acceptable.
12,1 After further discussion, Chair Cozad recommended continuing this case to January 10,
2018, at 10:00 a.m.
Commissioner Kirkmeyer stated the status regarding the temporary plant is not a part of the
hearing today; however, anything presented up to this point will be made part of the public record
and will be viewable on the public portal and anything submitted between today and prior to the
hearing will be made public record and viewable as well. She clarified the applicant is under no
obligation to present anything else before January 10th and if they choose to they can present
any new information that day. Commissioner Kirkmeyer stated she does want to call attention to
the items that she wants addressed at the next hearing to include: traffic stacking and truck
staging on CR 80.5 and Highway 257, concerns with being a good neighbor and why not going
above and beyond, width of gravel road - 21 feet, hours of operation 24/7 vs 12 hours, junk and
batteries and tires on the site, noise issues, noise at residential levels, hours of operation limited
to five (5) days a week instead of 24/7, landscaping and screening plan, regulate dust and
particulate matter, levels of particulate matter, haul route and County Roads 80.5, 19, 80, 78, 21
not be included, contact information for the residents, property values as a secondary effect,
drainage and water supply issues and what that plan is and what is going on there will require
further discussion regarding historical drainage, additional drainage, water supply, contamination
and pollution, and health hazards related to asphalt plants in relation to being in a PM2.5 area.
_ _= Chair Cozad requested additional answers to traffic and stacking on the roads, where paving
happens on 80.5 and the haul route, stacking on CRs, silo heights and how many silos, true traffic
numbers versus the traffic study, ditch issue regarding the drainage and water quality, truck
turning radius issues, turning onto CR 80.5 trucks causing damage to the road, landscaping plan,
noise levels, impacts to the water use and pressure issues, staging, access from the state
highway, is there a wash area, water quality, and construction traffic versus normal traffic.
• Commissioner Moreno stated his only remaining question was if the agreement would be
completed with the Larimer County Canal Company.
Commissioner Conway added his requests for clarification to include: the washing of the
rock and would the water be recycled and discharged, the water plan and why aren't the holding
ponds lined, ambiguity surrounding water law in terms of discharge into the canal and requested
amendments based on pristine water and provision for 25,000 acres, what is the assurance that
the canal will not be contaminated.
• Commissioner Kirkmeyer added her request for clarification regarding the size of the property
and why a larger site was not selected, and clarification on blue smoke regulations.
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PAGE 9
Commissioner Conway asked for clarification of why this site was picked and why the criteria
was so defined, and also for a better understanding of the site selection process.
.,_= Commissioner Conway moved to continue the request of Cactus Hill Ranch Company, c/o
Simon Contractors, Inc., for 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, to January 10, 2018, at 10:00
am. The motion was seconded by Commissioner Moreno. Commissioner Conway thanked the
public for attending and taking time away from life obligations; however, he stated the Board has
an obligation to go through these submittals and it is important for the applicant to be able to go
through the material as well. There being no further discussion, the motion carried unanimously
and the hearing was completed at 1:31 p.m.
This Certification (parts 1 and 2) was approved on the 13th day of November, 2017.
BOARD OF COUNTY COMMISSIONERS
WEQCONTY, COLORADO
ATTEST: ditiwt),ii
Weld County Clerk to the Board
BYi
uty Clerk to the Board
APP: -' AS TO
ounty =' orney
Date of signature: ► a! f 9 (1'7
Steve Moreno, Pro-Tem
can P. Conway
arbara Kirkmeyer
2017-3857
PL2503
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