HomeMy WebLinkAbout20172810.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO EXTEND THE HOURS OF
OPERATION FOR MINOR AMENDMENT, MUSR15-0020, TO A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR-1687, FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT MINING
AND MATERIALS PROCESSING AND ASPHALT AND CONCRETE BATCH PLANTS,
ALONG WITH IMPORTATION OF RESOURCE MATERIAL IN THE A
(AGRICULTURAL) ZONE DISTRICT - JOURNEY VENTURES LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 25, 2016, the Department of Planning Services staff approved the
application of Journey Ventures, LLC, P.O. Box 129, Greeley, CO 80632, for a Minor Amendment,
MUSR15-0020, to a Site Specific Development Plan and Use by Special Review Permit,
USR-1687, for Mineral Resource Development Facilities, including open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants, along with Importation of Resource Materials
in the A (Agricultural) Zone District, for property which is described as Lots A and B of Recorded
Exemption, RE -4744; being located within the SE1/4 and SE1/4 NE1/4 of Section 7, Township 5
North, Range 64 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, Development Standard #4 was approved, to read as follows:
"Section 23-4-290.B of the Weld County Code limits the hours of
operation for sand and gravel operations to the hours of daylight,
except in the case of public or private emergency, or to make
necessary repairs to equipment. Operation hours may be extended
with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance
facilities located on the property."
WHEREAS, on August 14, 2017, the Board of County Commissioners was presented with
a request, dated June 20, 2017, from J-2 Contracting Company for an extension of the hours of
operation at the Journey Ventures Pit for the duration of the County Road 49 expansion project.
The extended hours of operation only pertain to activities within the site and not the hauling of
products and in and out of the facility, and
WHEREAS, on August 14, 2017, the Board of County Commissioners heard all the
testimony and statements of concern from those present, studied the request of the applicant and
the recommendation of the Weld County Departments of Planning Services and Public Works,
and having been fully informed, finds that the request to extend the hours of operation, be, and
hereby are, denied
4335883 Pages: 1 of 2
09/15/2017 04:44 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2017-2810
PL2007
DENY REQUEST TO EXTEND HOURS OF OPERATION FOR MINOR AMENDMENT,
MUSR15-0020 - JOURNEY VENTURES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Yom/ -1104
Julie A Cozad, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
can P. Conway
APP
ounty Attorney
Date of signature: '% f t H I I i
4335883 Pages: 2 of 2
09/15/2017 04:44 PM R Fee:$0.00
Carly Koppes, Clark and Recorder, Weld County, CO
Steve Moreno, Pro -Tern
C -
2017-2810
PL2007
TO:
DATE:
FROM:
SUBJECT:
MEMORANDUM
To the Board of County Commissioners
July 26, 2017
Michelle Martin
MUSR15-0020 — Extension of Hours of Operation
MUSR15-0020 was approved March 25, 2016 for a Minor amendment to a Site Specific Development
Plan and Use by Special Review Permit No. USR-1687, (for Mineral Resource Development Facilities,
Including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants, along with
Importation of Resource Material), to change the location of the slurry wall in the A (Agricultural) Zone
District.
Development standard #4 of MUSR15-0020 states, "Section 23-4-290.6 of the Weld County Code limits
the hours of operation for sand and gravel operation to the hours of daylight, except in the case of
public or private emergency, or to make necessary repairs to equipment. Operation hours may be
extended with specific permission from the Weld County Board of County Commissioners. This
restriction shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property."
In a letter dated June 20, 2017, Chris Leone with J-2 Contracting Company is requesting an extension of
the hours of operation to operate 24 hours per day Monday — Friday until November 30'2017 for the
duration of the County Road 49 expansion project. The request is to extended the hours of operation
only pertain to activities within the site and not the hauling of products and in and out of the facility.
Notice of today's hearing was sent to the property owners within 500 feet of MUSR15-0020.
The Department of Public Works and the Department of Planning Services is in support of the request to
extend the hours of operation for MUSR15-0020 to operate 24 hours per day Monday — Friday until
November 30, 2017 for the duration of the County Road 49 expansion project.
2017-2810
VI"S*C"ne\ • AGGREGATE PROCESSING• AGGREGATE SALES *DEMOLITION
• PUBLIC UTILITIES• EXCAVATION. SITE GRADING♦STREET CONSTRUCTION
t
June 20th 2017
PO Box 129 • 450 East 16th Street • Greeley, CO 80632
Ph: (970) 392-O694 • Fax: {970) 392-0695 • Email: J2OJ2contracting.com
Weld County Planning Department
1555 N 17th Ave
Greeley, CO 80631
Attn: Kim Ogle
Subject: Temporary hour extension for USR 1687
Mrs. Michelle Martin,
We are supplying concrete aggregates and road base to the WCR49 project from our Journey Ventures Pit operating under
Weld County USR 1687. The project was delayed for several months in 2016 and consequently has backloaded demand
for concrete aggregates beyond what we are able to produce with single shift operations. We have added personnel and
equipment to our processes, however with the manpower, equipment, and available space constraints we have reached
capacity. With our current production rates and operating hours, we are unable to meet the project schedule communicated
by 11 -IC. We are exploring all possible options to increase both production rates and operating hours, consequently we are
requesting a temporary extension of working time to allow for 24 hour operations of the Journey Ventures Pit for mining
and processing Monday through Friday beginning as soon as possible and extending through November 30th, 2017
I have included the relevant portion of our supply agreement with IHC as well as the communication from IHC regarding
our shortfall of supply for the concrete aggregates.
We are committed to doing what we can to support the WCR 49 project and are asking for the County's consideration of
our request in order to assist our efforts.
Thank You,
J-2 Contracting Co.
Chris Leone
President
Interstate
Highway
Construction
June 15, 2017
J-2 Contracting Company
450 East 16"' Street
Greeley, CO 80632
Attn: Chris Leone
Interstate Highway Construction, Inc.
7135 South Tucson Way
Englewood, CO 80112
Telephone (303) 790-9100
Fax (303) 790-8524
Re: WCR 49 Design -Build Project
Subject: Notice of Failure to Meet Required Production
Mr. Chris Leone:
Please be advised that your failure to produce #57/#67 coarse aggregate in sufficient amounts to
support our paving operations has resulted in a delay to our paving schedule..
On Tuesday June 13, 2017, IHC was forced to shut -down our paving operations early due to lack of
aggregate and was not able to complete our originally planned mainline paving on June 14, 2017. In
reviewing your recent coarse aggregate production and our contemplated project schedule, it has
become apparent that your current production rates will result in significant delays to our project
schedule and will jeopardize our ability to complete our work within the contractually allowed
timeframe.
We encourage you to take any and all available courses of action to immediately rectify this situation
and bring your production up to a level sufficient to support our required paving, including adding
additional staff, working 24/7 shifts, adding another screening/washing plant, high-grade production
techniques, etc. If we can be of any assistance, please let us know.
Thank you for your prompt attention to this matter. If you have any questions or concerns please
contact me at your earliest convenience
Thank you,
Interstate Highway Construction, Inc.
Greg Frazee
Design -Build Manager
® A RALPH C. WILSON COMPANY
An Equal Opportunity Employer
November 2, 2015
Interstate
Highway
Construction
MATERIALS PURCHASE AGREEMENT
7135 South Tucson Way, P.O. Box 4356
Englewood, Colorado 80155
Telephone (303) 790-9100
Fax (303) 790-8524
INTERSTATE HIGHWAY CONSTRUCTION, INC., hereafter referred to as IHC or Contractor, agrees to
purchase and J2 CONTRACTING COMPANY, Supplier, of 450 East 16th Street, Greeley, Colorado 80632,
agrees to sell the following material for WELD COUNTY DEPARTMENT OF PUBLIC WORKS Project
Number B 1400202, and IHC Job Number 3097, for the project known as the WELD COUNTY ROAD 49
DESIGN -BUILD PROJECT FROM US 34 TO I-76 and located in WELD COUNTY, COLORADO,
according to the terms and conditions of the Agreement:
MATERIAL
APPROX.
QUANTITY
UNIT
DESCRIPTION
TERMS
#57/67 Washed Coarse
Aggregate for Item 412
Concrete Pavement
159,000
Ton
Per Ton FOB Stockpile/Plant Site
Project is Sales Tax Exempt
30'" of the Month
Following Delivery
Firm for Life of Job
#8 Washed Intermediate
Coarse Aggregate
(Squeegee) for Item 412
Concrete Pavement
106,000
Ton
Per Ton FOB Stockpile/Plant Site
Project is Sales Tax Exempt
30th of the Month
Following Delivery
Firm for Life of Job
Concrete Sand for Item 412
Concrete Pavement
217,000
Ton
Per Ton FOB Stockpile/Plant Site
Project is Sales Tax Exempt
30th of the Month
Following Delivery
Firm for Life of Job
SPECIAL PROVISIONS:
1. Supplier agrees to produce and provide aggregates at a rate acceptable to IHC. If required, due to
Supplier's failure to produce aggregate at the acceptable rate, IHC may produce its own aggregate out of
the pit t? rto cherge-te-HIE. at their cost and no royalty shall be charged to IHC by Supplier.
2. Supplier agrees to provide an adequate sized plant site/staging area adjacent to the above mentioned
material stockpiles located on the northwest quadrant of Weld County Roads 58 and 51. Proximity of the
concrete plant and stockpiles to be such that :to -loading or hauling of material will be required
is minimized to the extent possible_ Both parties acknowledge that with the quantity and take rate of materials projected some tramming or
hauling may be required within the pit and agree to work together to accomplish this task.
3. Supplier also agrees to provide non -potable water for concrete production at a rate of $10 per/1000
gallons. IHC will provide an estimated quantity of water required for the calendar year by January 15th of that year. IHC agrees to pay for at
least the estimated amount of water regardless of weather or not it is used. For required amounts greater than this estimate Supplier
will work to secure sources and is reasonably confident it can but cannot guarantee delivery.
4. Measurement and payment for both course aggregate and sand will be determined by concrete plant
batch weights.
MPA Agreement
A RALPH C. WILSON COMPANY
An Equal Opportunity Employer
Page 1 of 3
IHC and J2 Contracting Company
IHC Job # 3097
5. Supplier shall make material available for mix designs and deliver to IHC's designated lab when
requested.
6. Supplier shall provide CDOT required ASTM C 1260 Potential Alkali Reactivity of aggregates (Mortar
Bar Method) tests that show conformance with specifications.
7. Supplier shall provide coarse aggregate so the percent passing the #200 sieve does not exceed 1.5%.
8. IHC requires Supplier to provide concrete sand with a sand equivalency of not less than a value of 89.85
9. Supplier agrees to appear, defend, indemnify and hold harmless, including attorneys' fees, Contractor and
its officers, agents and employees, its surety and Owner from any and all claims and liabilities arising out
of or resulting from or in connection with Supplier's execution of the work hereunder. Supplier agrees to
carry, at its expense, public liability and property damage insurance protecting the Supplier, Contractor
and Owner in the same form and in the same amount as required of Contractor under the Contract and
also workman's compensation insurance in connection with its employees engaged in the performance of
this Agreement. Said indemnity shall be insured by a comprehensive general liability policy and a
comprehensive automobile liability policy for all vehicles used by Supplier, its servants, agents,
subcontractors and suppliers on the jobsite from an acceptable insurance carrier, naming Contractor as an
additional insured and which must include a ten (10) day written notice of cancellation clause, in limits
for amounts as specified on the example Certificate of Insurance included as an attachment to this
Agreement.
10. Supplier shall, at its own expense, conform to the safety policy and all environmental permit
requirements and environmental plans of the Contractor. Subcontractor shall comply with all OSHA and
state -equivalent standards regarding safety and all Federal, State, Local, Owner, Project and any and all
other environmental requirements and shall indemnify Contractor from any failure to do so, including
fines and abatement costs and delays to the project. Failure to comply shall be a breach of this
Agreement and subject to the rights of the Contractor set forth in this Agreement.
ALL TERMS AND CONDITIONS AS SET FORTH ON THE ATTACHED ARE PART OF THIS
AGREEMENT UNLESS MODIFIED BY THE SPECIAL PROVISIONS.
ACCEPTED:
J2 CONTRAC
By
Title
Date //F �1/ •��•
P/4-4.5-c6147-
IHC
L'f.1 By
Title
Date
Jim Randall
President
MPA Agreement
Page 2 of 3
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
BOARD OF COMMISSIONERS DATE: August 14, 2017
TIME: 9:00 a.m.
APPLICANT:
J-2 Contracting Company, 450 East 16th Street, Greeley, Colorado 80632
PLANNER: Michelle Martin
REQUEST: Consider Request to Extend Hours of Operation for Minor Amendment, MUSR15-
0020, to a Site Specific Development Plan and Use by Special Review Permit, USR-1687, for
Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing
and Asphalt and Concrete Batch Plants, along with importation of Resource Material) in the
A (Agricultural) Zone District. This would be to extend the hours of operation to operate 24 hours
per day Monday through Friday, for the duration of the County Road 49 expansion project, ending
November 30, 2017.
LEGAL DESCRIPTION: Lots A and B of Recorded Exemption RE -4744, located with the SE1/4
and SE1/4 NE1/4 of Section 7, Township 5 North, Range 64 West of the 6th P.M., Weld County,
Colorado
LOCATION: West of and adjacent to CR 51; north of and adjacent to CR 58 (See Legal
Description for precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 3, 2017
SURROUNDING PROPERTY OWNERS
MUSR15-0020
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Pursuant to the zoning laws of the
hearing will be held in the Chambers of
Colorado, Weld County Administration
Colorado 80631, at the time specified.
If a court reporter is desired, plea
days prior to the hearing. The cost of en,
party. In accordance with the Americar
required in order for you to participate it
Office at (970) 400-4225, prior to the day
The complete case file may be exi
Commissioners, Weld County Administral
E -Mail messages sent to an individual Cc
ensure inclusion of your E -Mail corres
egesick@co.weld.co.us.
BOARD OF COMMISSIONERS DATE: ,
TIME: 9:00 a.m.
APPLICANT:
J-2 Contracting Company, 450 East 16th
PLANNER: Michelle Martin
REQUEST: Consider Request to Extend
0020, to a Site Specific Development Pla
Mineral Resource Development Facilities,
and Asphalt and Concrete Batch Plants,
A (Agricultural) Zone District. This would b
per day Monday through Friday, for the dur
November 30, 2017.
LEGAL DESCRIPTION: Lots A and B of
and SE1/4 /4 NE1/4 /4 of Section 7, Township 5
Colorado
E
F
LOCATION: West of and adjacent to C
Description for precise location.)
BOARD OF COUNTY COMMISSIONER.
WELD COUNTY, COLORADO
DATED: August 3, 2017
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:47:17 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld Co ty
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co. - a a has not
been modified from the original. The list compiled for the records of the Weld ount Assesswas
assembled within thirty days of the applications submission date.
Signature
1'-I J n
Property Owners Within 500 ft of Parcel # 096307400001
Date
Account
Parcel
Owner
Mailing Address
R2151903
096307200024
KLEIN BETSY ANN
R2151903
096307200024
KLEIN JAMES DAVID
28465 COUNTY ROAD 49 1/2
GREELEY, CO 806319748
R5235408
096307400001
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
R6778278
096307400004
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
R2151803
096307400023
KLEIN BETSY ANN
R2151803
096307400023
KLEIN JAMES DAVID
28465 COUNTY ROAD 49 1/2
GREELEY, CO 806319748
R8941674
096307400024
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
Parcels: 5 Owner Records: 7
Page 1 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:47:17 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, anhas not
been modified from the original. The list compiled for the records of the Weld County As• r was
assembled within thirty days of the applications submission date.
Property Owners Within 500 ft of Parcel # 096307400001
Date
Signature
Parcels: 5
Owner Records: 7
Page 2 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:45:27 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assor was
assembled within thirty days of the applications submission date.
gi411-7
Property Owners Within 500 ft of Parcel # 096307400004
Signature
Date
Account
Parcel
Owner
Mailing Address
R4087286
096307000018
BAKER MARSHA LIVING TRUST
R4087286
096307000018
PETERSON DOROTHY JEAN (1/2 INT)
R4087286
096307000018
BAKER RONALD LIVING TRUST
28806 COUNTY ROAD 51
GREELEY, CO 806319749
R2151903
096307200024
KLEIN BETSY ANN
R2151903
096307200024
KLEIN JAMES DAVID
28465 COUNTY ROAD 49 1/2
GREELEY, CO 806319748
R5235408
096307400001
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
R6778277
096307400003
ARCHAEOLOGICAL CONSERVANCY
1717 GIRARD BLVD NE
ALBUQUERQUE, NM 871061718
R6778278
096307400004
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
R2151603
096307400022
HOFF KENTON SCOTT
24725 COUNTY ROAD 58
GREELEY, CO 806319747
Parcels: 14
Owner Records: 21
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:45:28 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
Date
Property Owners Within 500 ft of Parcel # 096307400004
Account
Parcel
Owner
Mailing Address
R2151803
096307400023
KLEIN BETSY ANN
R2151803
096307400023
KLEIN JAMES DAVID
28465 COUNTY ROAD 49 1/2
GREELEY, CO 806319748
R8941674
096307400024
JOURNEY VENTURES LLC
PO BOX 129
GREELEY, CO 806320129
R4087886
096308000022
LOWER LATHAM RESERVOIR COMPANY
PO BOX 398
KERSEY, CO 806440398
R4087986
096308000023
LOWER LATHAM RESERVOIR COMPANY
PO BOX 398
KERSEY, CO 806440398
R4099886
096317000045
THOUTT SANDRA KAY
R4099886
096317000045
THOUTT RANDY L
25038 COUNTY ROAD 58
GREELEY, CO 806319750
R4099986
096317000046
SCHAUMBERG PATRICIA H TRUST NO 1
C/O PATRICIA H SCHAUMBERG TRUSTEE
1357 43RD AVE #24
GREELEY, CO 806342443
R4101586
096318000023
PUYPE FRANCIS E
Parcels: 14
Owner Records: 21
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:45:28 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County essor was
assembled within thirty days of the applications submission date.
Signature
14/17
Property Owners Within 500 ft of Parcel # 096307400004
Date
Account
Parcel
Owner
Mailing Address
R4101586
096318000023
PUYPE HELEN D
24566 COUNTY ROAD 58
GREELEY, CO 806319747
R3500305
096318100057
PUYPE FRANCIS E
R3500305
096318100057
PUYPE HELEN D
24566 COUNTY ROAD 58
GREELEY, CO 806319747
Parcels: 14
Owner Records: 21 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/26/2017
11:45:28 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County As sor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 ft of Parcel # 096307400004
435
:5FHAL•T.FLAN
"UaR-I� i
FE2lSEtNl:::E'2 H.
Date
Signature
!SR 11-.202�
J BUSINES:
Parcels: 14
Owner Records: 21
Page 4 of 4
Good Morning Commissioners, thank you for allowing us the time to voice our concerns on this
issue. My name is Cari Graybill and I reside at 25387 CR 58, directly to the east of the Journey
Ventures gravel pit.
Less than a year ago we were in this same room, discussing the same request. To extend the
operating hours of the Journey Ventures Pit. I am disappointed to say that the concerns that
myself and my neighbors have, are no different today than they were a year ago. One would
have hoped that the compromise from the neighbors to allow Journey Ventures and Interstate
Highway Construction to extend their working hours from an hour before daylight to an hour
after daylight, which was supposed to end on March 31St- but to date is continuing, would have
resulted in them holding up their promises to enforce their drivers to limit the use of jake
brakes, to uphold the law and obey traffic rules, such as stop signs and speed limit signs. To be
courteous to other drivers by staying on their side of the road, not to stage trucks on the road
and to not access the pit from other than the allowed access points. Other concerns brought up
were the lack of road maintenance and following through on the requirements that are
outlined in Journey Ventures USR-1687 permit. Some of those concerns were dust and noise
abatement and the construction of accel and decel lanes on CR 58, none of which have been
addressed yet. None of these things really have anything to do with the extension of hours, but
have everything to do with trust. We trusted them to monitor their drivers and to uphold the
requirements of their permit, but they have not, and now they are asking to extend their
working hours to 24 hours a day.
Two weeks ago, a concrete truck pulled out of the gravel pit, directly in front of my son, who
was driving a tractor down County 58. The driver did not stop. He didn't roll through the
stop...he didn't even slow down, he pulled right out in front of him. And this is not an isolated
incident, it has happened to me as well, not only on CR 58, but 53, where the trucks must turn
out into the north bound lane of traffic to make the corner, and I'm sure that many of my
neighbors and those who travel on our local roads on a regular basis have witnessed it as well.
The problem is, did that truck driver face any consequences for his actions?? He could have
at gleeAtCiand
killed my son, or somebody else's son. Maybe...maybe when e I called Melvi r�
complained about it...he may have been removed from the job for the day, maybe not.... I don't
know. The point of this is, who is monitoring these truck drivers and their actions?? Why is it up
to us, the taxpayers, to monitor and report the permit violations that we see on a daily basis. It
is not limited to traffic violations. There are water quality issues, access issues, noxious weed
issues dust and noise issues, employees parking on private property and nothing is done unless
we, the taxpayers, are complaining about it and reporting it, even though it is in DIRECT
VIOLATION OF THEIR PERMIT!!! Why is it up to us to enforce it??? We have two choices, to just
ignore it and let them run amuck, cross our fingers and pray that no one gets hurt or we take
precious time out of our days to document, make phone calls and report the violations we see!
The county sets specific guidelines in order for them to obtain a permit, but once it's been
issued, no one follows up to make sure they are in compliance. Who is making sure that the
requirements of their permit are being met? I have been told by both the State Patrol and the
Weld County Sheriffs office that there are just not enough personnel available to monitor the
all the areas that they must cover, and the unfortunate thing is, these truck drivers know it as
well, so they do as they please and drive without the concern of getting caught. So now, by
allowing them to work 24 hours a day, we are going to add darkness, fatigued drivers, potential
inclement weather and bad roads to an already undesirable situation. Who is going to monitor
the driver's hours?? Who is going to ensure that they aren't driving all night long?? Who is
making sure that they aren't running stop signs and crossing the center line and using their jake
brakes right outside of my bedroom window all night long like they do all day long? Why is it up
to us, the taxpayers, to monitor and demand enforcement of their permit? There isn't enough
law enforcement to do it and we can't trust Journey Ventures or IHC to do it...so why are we
even considering extending the operating hours and creating a potential hazardous situation? Is
it because IHC is running behind on their project and they don't want to incur a $50,000.00 a
day fine if their project runs past the deadline of December 31st?? Or is it because Journey
Ventures (or J-2) I'm still a little confused why the request and the notice came from J-2 and not
from the permit holder, Journey ventures, anyway...is it because they can't fulfill their contract
to IHC to provide material for their concrete operations???
In the meeting notes from Sept. 12th , Michelle Martin recited the Weld County Code that
pertains to limiting the hours of operation for gravel and mining operations stating that the
applicant can request an extension of hours of operation from the Board For "EXTENUATING
CIRCUMSTANCES" In reality it reads, and I am reading this directly from their permit and
Section 23-4-290.B the Weld County Code limits the hours of operation for sand and gravel
operation to the hours of daylight, EXCEPT IN THE CASE OF PUBLIC OR PRIVATE EMERGENCY,
OR TO MAKE NECESSARY REPAIRS TO EQUIPMENT. I want to know...what is the emergency?? It
brings to mind the saying, Lack of planning on your part, does not constitute an emergency on
my part. This sounds much more like a convenience to me. Why should the tax payers of this
community be inconvenienced and their safety be compromised for the convenience of the
contractor? Sure, it would be great to have the project completed before the deadline, who
knows, there may even be an incentive for IHC if it's done ahead of schedule, but not at the
expense of having someone losing their life because they are pushing it to the limit to get the
job done. I would strongly encourage you to vote no on extending their operating hours. Thank
you for your time.
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From: Ron and Marsha Baker rmhaker@wha₹-wire.com
Subject: Request to extend hours of operation -J-2 Contracting Company
Date: August 11, 2017 at 10:36 AM
To: egesick@co.wetd.us
Weld County Commissioners,
My first comment is I believe Weld County Planning needs to modify how people are notified to requests for changes such as the
one being asked for on August 14, 2017 by J-2 Contracting Company. Even though the notification letter was written on August
3rd, 1 did not receive it in the mail until the afternoon of August 10th. That basically left me one working day to respond before the
meeting. Unfortunately I have made prior commitments on the 14th and will not be able to attend the Commissioner's meeting.
The people most impacted by the truck traffic and noise associated with this request received no notification even though several
of them attended and voiced their concerns at the last meeting with County Commissioners when extended hours were granted
for this operation. Those people provided their name and contact information at that time. They are the ones living along the
haul route for this mining operation both East and West of the pit on County Road 58, and those living along County Road 51 to
the South of 58 (the route many drivers take as a short cut to Highway 34 which are violations to the mining permit). Also, there
is no notification of the proposed change posted near the mining operation. How are these people supposed to know such
changes are being asked for, changes that will have a very negative affect on their quality of life during the time frame proposed?
In my estimation everyone along the haul route and construction area should be notified of this proposed change whether they
are property owners or not.
Why is J-2 Contracting Company asking for this change when the mining permit and associated followup meetings with the
Commissioners were requested by Journey Ventures, LLC? Hopefully, it's not to create a separate paper trail. Forgive me for
being skeptical!
At the last Commissioner's meeting, when extension of hours was granted, the concern for safety was discussed. To date, the
improvements to the intersection of CR 58 and CR 53 have not been made, nor have acceleration and deceleration lanes into the
mining site from CR 58 been constructed as was specified in the original permit for this operation. I understand that Weld County
is planning to replace the bridge across the South Platte river on CR 53 and that should also address the safety concern with the
53/58 intersection. However, that should be independent of Journey Ventures responsibility for improvements and the cost for
such as was specified in the original permit, especially now that they want to run their operations 24 hours a day. The truck traffic
safety issues are intensified during night time hours. CR 53 has a great deal of traffic and with school starting soon more drivers
will be using this route. Almost everyone who travels CR 58 on a regular basis has had a close call with the trucks accessing the
gravel pit. CR 51 South of the pit continues to be used as a short cut to Highway 34. People call the pit manager regularly to
report these drivers.
Noise is another concern with the requested change in hours. During operation there is constant backup beeper noise. There is
noise from the heavy equipment especially track noise from dozers. Truck drivers bang on the boxes of their trucks to loosen
stuck concrete before refilling.
CR 58 has deteriorated significantly since the start of this mining operation, and the increase in oil drilling activity in this area. On
one occasion, I called the County road and bridge office to report damage. They responded quickly to make repairs but damage
continues to occur. I will say at least the oil company came out and swept the road with a brush on a bobcat to clear the carry out
from their operation. To my knowledge, Journey Ventures has not provided clean up efforts.
During the last meeting with County Commissioners it was agreed that Journey Ventures and Interstate Highway would provide a
timetable of extended hours to neighbors. Chris Leone and Greg Frazee delivered one to me shortly after the meeting. After the
first timetable had passed I called to request an updated version. Journey Ventures operations manager delivered the update. I
have not received another update and I will venture a guess the other neighbors did not even receive the second update. Just
another example of their lack of followup or concern for impact on those living nearby.
I have tried to work with Journey Ventures when concerns arise. For instance when I saw vehicles exiting the pit onto CR51
which is clearly stated in the permit as prohibited and a sign is posted near the intersection of 51/58, I called the operations
manager. He explained they were having trouble getting to this area of the pit due to mud from recent rains and a crew was on
site to try and repair the slurry wall around the pit. They also needed to offload trucks of slurry materials. We agreed that for a
short time offload of the trucks would be permissible as long as they left the road clear enough so we could exit our property due
to this being the only access to our home. However, no one has made us aware of this proposed change of hours. I tried to call
Chris Leone last evening to discuss this notice from Weld County and left a phone message requesting a return call. As of this
writing, I have not received a call back. Seems like we were requested to try and work with Journey Ventures on concerns but
the communication efforts do not flow the other way.
Thank You,
Ron Baker
EXHIINT
,0 . p _
HEARING CERTIFICATION - JOURNEY VENTURES, LLC (USR #1687)
PAGE 4
the construction of a fence for screening purposes. He stated an Air Pollution Emissions Notice
(A.P,E.N.) Permit is required for every piece of machinery which will be utilized for the aggregate
processing and concrete and asphalt batch plants, and a Stormwater Discharge Permit and
building permits for the plant buildings will also be required. He indicated the applicant is reviewing
the options of utilizing the current septic system, or if the system will be required to be replaced.
He confirmed the Reclamation Permit was recently approved by the Colorado Division of
Reclamation, Mining, and Safety; however, the financial warranty has not yet been submitted for
final approval. In response to Commissioner Rademacher, Mr. York indicated the applicant
assumes a new septic system will have to be installed. Commissioner Rademacher suggested that
the applicant "over -size" the newly constructed septic system to account for future growth of
employees. In response, Mr. York indicated many of the employees will be working on the face
of mine, and he does not believe a total of 30 employees at the site would be feasible. In response
to Chair Garcia, Commissioners Kirkmeyer and Rademacher confirmed Development Standard #26
limits the number of employees on the site to eighteen. Further responding to Chair Garcia,
Mr. York indicated the South Platte River is approximately one mile to the north of the site, and he
confirmed the entire site is located outside of the floodplain.
Ron Baker, surrounding property owner, indicated he is the President of the Plumb Ditch Company,
he confirmed an agreement has been reached with the applicant, and the applicant has also
worked to resolve his concerns as a surrounding property owner. He indicated concerns were
presented at the Planning Commission hearing, regarding the improvements to County Roads 53
and 58, and he still has outstanding concerns regarding the timing of the improvements. He
indicated his family utilizes the intersection frequently, and he would like the applicant to address
the timing of the improvements. In response to Commissioner Rademacher, Mr. Baker reiterated
the Plumb Ditch Company did come to an agreement with the applicant.
In response to Chair Garcia, Mr. Snyder indicated the improvements to the intersection of County
Roads 58 and 53 are required to be completed prior to any material being hauled from the site.
He reiterated the road, in its current condition, will not be able to handle the heavy loads. He
further indicated the construction of the left -turn lane will also be required prior to any trucks hauling
from the site. Responding to Commissioner Conway, Mr. Snyder confirmed all of the road
improvements previously discussed must be completed before material may be hauled from the
site. Mr. Barker stated the standards of the Manual on Uniform Traffic Control Devices (MUTCD)
indicates only the Department of Public Works may install road signs, or direct the installation of
the sign, therefore, he suggested the second sentence of Condition of Approval #6.B be modified
to state, "The applicant shall comply with the directives of the Weld County Department of Public
Works Traffic Engineer for proper placement of the sign."
ork indicated improvements to the intersections were discussed at the meeting with the
�� - confirmed - n
Department of Public Works, and it was that the turn la e improvements and the
u • • raded rad' s would have to be • 11, l - - • • re haulin • o +er- ions be • an. He clarified the
applicant will be able to complete some work on the site, including stripping and processing, before
it will be necessary to remove any materials from the site. He stated updated traffic counts will be
studied before any overlay work is completed on County Road 58, in order to determine the correct
thickness. He confirmed the asphalt and concrete batch plants may not commerce operations right
away, meaning the site may contain only aggregate processing at first, therefore, the traffic counts
2009-0901
PL2007
HEARING CERTIFICATION - JOURNEY VENTURES, LLC (USR #1687)
PAGE 5
are not expected to increase to 193 trips per day for quite some time. Responding to
Commissioner Rademacher, Mr. Snyder confirmed both County Roads 58 and 53 are paved roads.
In response to Chair Garcia, the Board concurred with the deletion of Conditions of Approval #1A
and #1.B, with the required re -lettering. Further responding to Chair Garcia, Mr. Gathman
requested the addition to Condition of Approval #1.L.3 to state, "The applicant and the Weld County
Department of Public Works shall negotiate an agreement included within the Long -Term
Maintenance and Improvements Agreement document, forthe following safety improvements, and
the Department shall approve all safety improvements listed below: a) Construction of adequate
turning radii at the intersection of County Roads 58 and 53; b) Construction of acceleration and
deceleration lanes at the USR entrance on County Road 58; and c) Construction of mad
improvements to County Road 58. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners, priorto recording the USR plat"
Chair Garcia indicated Condition of Approval #1 contains the heading Prior to recording the plat"
and he believes the placement of the language may need to be modified because the applicant
provided testimony that the improvements will not be required to be completed until the applicant
begins to haul material from the site. Mr. Gathman indicated the language included within
Condition of Approval #1.L is also found as Conditions of Approval #6.A and #6.B, items required
"Priorto operation," as requested by the Planning Commission. He indicated an amendment could
be made to the Resolution to modify the language within Condition of Approval #6.C to become a
new Condition of Approval, under the heading of "Rrioacillauling materialsate." - ' e." He confirmed
the applicant will be allowed to conduct certain operations on the site, such as peeling away the
sod, before hauling operations begin. Mr. Barker clarified the applicant is required to obtain the
necessary A.P.E.N. Permits before operations begin on the site, therefore, Condition of Approval
#6.A needs to remain under the heading of "forio_operat on." He suggested Condition of
Approval #6. C be modified to become new Condition of Approval #7A, under the heading of "Prior
to hauling off -site," with the necessary re -numeration, and the Board concurred.
In response to Chair Garcia, the Board concurred with the modification of the second sentence of
Condition of Approval #6.B, as previously described by Mr. Barker. Mr. York requested the
modification of Development Standard #26 to allow for up to twenty-five (25) employees on the site.
In response to Commissioner Rademacher, Ms. Light confirmed if the site exceeds 2,000 gallons
of septic waste perday, the applicant will be required to comply with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division, and normally more
than 20 persons utilizing a system on a daily basis will exceed the 2,500 -gallon threshold.
Commissioner Rademacher clarified the applicant should be aware that there may be some
additional expenses incurred with the septic system, and in response, Mr. York withdrew his
request to modify Development Standard #26, indicating eighteen (18) employees will be sufficient.
Responding to Commissioner Rademacher, Mr. Gath man clarified the applicant originally intended
to plant trees along the northern boundary of the site; however, due to the concerns presented by
the ditch company, trees will not be planted. He clarified the Landscape Plan will consist of the
method of seeding the berms. Further responding to Commissioner Rademacher, Mr. Snyder
confirmed the applicant's designated haul route must utilize paved roads, therefore, the applicant
will not utilize County Road 51, since it is a gravel road. Mr. Gathman reiterated Development
Standard #39 may be deleted, as previously mentioned by Commissioner Kirkmeyer, and the Board
concurred with the deletion.
2009-0901
PL2007
HEARING CERTIFICATION - JOURNEY VENTURES, LLC (USR #1687)
PAGE 6
In response to Chair Garcia, Mr. York indicated he has reviewed, and concurs with, the Conditions
of Approval and Development Standards, as modified.
Commissioner Rademacher expressed his appreciation to the applicant for the all the work
completed to satisfy the concerns of surrounding property owners and the Plumb Irrigation
Company before the Board hearing today.
Commissioner Long moved to approve the request of Journey Ventures, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1687 for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch
Plants, 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, and modified. His motion included the deletion of Conditions of Approval #1.A and
#1.B, with the required re -lettering; the addition of Condition of Approval #1.L.3 to state, "The
applicant and the Weld County Department of Public Works shall negotiate an agreement, included
within the Long -Term Maintenance and Improvements Agreement document, for the following
safety improvements, and the Department shall approve all safety improvements listed below: a)
Construction of adequate turning radii at the intersection of County Roads 58 and 53; b)
Construction of acceleration and deceleration lanes at the USR entrance on County Road 58; and
c) Construction of road improvements to County Road 58. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County Commissioners, prior to
recording the USR plat."; the modification of the second sentence of Condition of Approval #6.8
to state, "The applicant shall comply with the directives of the Weld County Department of Public
Works Traffic Engineer for proper placement of the sign.; the modification of Condition of Approval
#6.C to become new Condition of Approval #7.A, under the heading of "Prior to hauling off -site
with the necessary re -numeration; and the deletion of Development Standard f#39, wit the required
re -numeration. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:20 a.m.
2009-0901
PL2007
SPECIAL REVIEW PERMIT #1687 -- JOURNEY VENTURES, LLC
PAGE 9
applicant shall comply with the directives of the Weld County Department
of Public Works Traffic Engineer for proper placement of the sign.
7 Prior to hauling off -site:
ressmer _
PP
A.
The applicant shall construct a left -turn lane on County Road 53 for
northbound traffic turning west onto County Road 58. The left -turn lane
shall be 400 feet in length, including the beginning taper; the redirect
taper will be additional. The applicant shall provide construction drawings
stamped by a Colorado registered professional engineer.
Special The
Use by S cial Review activity shall not occur, nor shall any building or
electrical permits
rmits be issued on the property, until the Use by Special Review plat
is
ready to be recorded in the office of the Weld County Clerk and Recorder.
9. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder P
by the De artment of Planning Services. The plat shall be prepared in
accorda
nce with the requirements of Section 23-2-260.O of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days
from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
10. The attached
Development Standards for the Use by Special Review Permit shall
be adopted placed and on the Use by Special Review Plat prior to recording.
The completed plat shall be delivered to the Weld County Department of
Services and be ready for recording in the Weld County Clerk and
Planning
Recorder's Office within thirty (30) days of approval by the Board of County
Commissioners.
11. In accordanc
e with Weld County Code Ordinance #2005-7, approved June 1,
2005, should plat the not be recorded within the required thirty (30) days from the
date of the
Board of County Commissioners Resolution, a $50.00 recording
con
tinuance charge shall added for each additional three (3) month period.
2009-0886
PL2007
WELD COUNTY CERTIFICATE OF MAILING
FIRST
NAME
LAST NAME
COMPANY
ADDRESS I
CITY
STATE
POSTAL
CODE
Journey
Ventures, LLC
P.O. Box 129
Greeley
CO
80632
I hereby certify that I have sent a true and correct copy of Weld County Board of Commissioner's
resolution #2017-2810, in the United States Mail, postage prepaid First Class Mail by letter as
addressed on the attached list this 19th day of September, 2017.
2Qg O-.
Chloe A. Rempel
Deputy Clerk to the Board
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