HomeMy WebLinkAbout20170114HEARING CERTIFICATION
DOCKET NO. 2017-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0034, FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING INCLUDING
STOCKPILING, CRUSHING, SCREENING, RECYCLING OPERATIONS AND
IMPORTING OF RAW AND RECYCLED MATERIALS (INERT MATERIALS) IN THE 1-3
(INDUSTRIAL) ZONE DISTRICT - BRANNAN SAND AND GRAVEL COMPANY, LLC
A public hearing was conducted on January 11, 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, Diana Aungst
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 17, 2016, and duly published
November 23, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Brannan Sand and Gravel Company, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR16-0034, for a Mineral Resource Development including
Open Pit Mining (sand, gravel and stone) and materials processing including stockpiling, crushing,
screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and site location in relation to relevant County Roads. She stated 20 referrals were sent out and
12 either did not respond or indicated no concerns. She described the site consists of three (3)
parcels, of which, the applicant will mine 190 acres of the 213 total acres. Ms. Aungst explained
the gravel deposit is located on the eastern fringe of the South Platte River Valley and not in the
floodplain and there are no permanent structures proposed. She reviewed the equipment and
non -permanent structures related to the mining operation, the maximum number of employees,
and hours of operation. Ms. Aungst reported the proposed life of the mine and the process and
progression intents of the operation. She reviewed the referral agency comments received from
the surrounding municipalities. Ms. Aungst presented the surrounding property uses and the
location of the nearest residence and stated the Department of Planning Services received one
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(1) phone call with questions regarding the application. She entered the favorable
recommendation of the Planning Commission into the record as written.
• Chair Cozad interjected Commissioner Conway is present at 10:03 a.m.
• Ms. Aungst displayed images of the site and surrounding properties.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and stated the applicant will need to apply for the Access
Permit through the City of Fort Lupton to utilize the access off of County Road 8.
ki Diana Aungst on behalf of Hayley Balzano, Planning Services Engineer representative,
presented the drainage exceptions and requirements and the grading requirements for disturbing
over an acre. She also reviewed the Conditions of Approval (COA) and the Development
Standards (DS) relevant to engineering.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating bottled water and portable toilets are acceptable. She reviewed the noise
restrictions, dust and waste requirements, the stipulation for a potential Air Permit and also stated
DS #15-22 address typical Environmental Health items.
• Tim Naylor, AGPROfessionals, represented the applicant, provided a PowerPoint
Presentation and reviewed the proposed mining operation and post mining reclamation plan to
include a Division of Reclamation, Mining and Safety (DRMS) Permit. He described the location,
site plan, mining cells, central processing area and recoverable resources on the west, and
explained as the mining moves east, the mineable resources are retrieved at a more shallow
depth. Mr. Naylor provided the projected timeline of 10-20 years, the maximum number of
employees, and the hours of operation, and reiterated there would be no permanent structures.
He maintained the application as consistent and compatible with the surrounding area and the
Weld County Code requirements. Mr. Naylor reviewed the occasional need for extended hours,
the procurement of an Access Permit as part of the Fort Lupton jurisdiction, the completed traffic
study resulting in the need for a right -turn deceleration lane and the intent of the applicant to tie
road improvements into one project with adjacent landowners. Lastly, he mentioned mitigation
efforts for the benefit of surrounding property owners.
• Alex Schatz, Brannon Sand and Gravel Company, applicant, introduced the members of the
executive team from Brannan and stated they are all available to answer any questions.
Todd Hodges, City of Fort Lupton, indicated they are working diligently with Brannan
concerning off -site improvements and a pre -annexation agreement. He also stated because these
agreements overlap in jurisdiction, there is a communal effort from all parties to complete these
agreements by early February.
• In response to Commissioner Kirkmeyer, Mr. Naylor verified the reclamation efforts fall under
the DRMS Permit thereby not requiring a Certificate of Designation. In further response,
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Mr. Schatz stated the materials being recycled at the site are classified as inert materials under
the solid waste regulations to include concrete, asphalt and other debris that does not contain
organic material. He reviewed the process requirements as it has to be cleaned and certified as
it comes in and in this procedure any steel must be removed before it comes to the site. Mr. Schatz
gave the example of materials that come off of a road project. In further response to Commissioner
Kirkmeyer, Mr. Schatz stated there would be no objection to adding a reference for the recycled
materials to stipulate inert materials in the title and throughout the Resolution for clarification. The
Board agreed.
El In response to Commissioner Kirkmeyer, Mr. Schatz explained the circumstances
surrounding the local municipalities and the inability to resolve the Intergovernmental Agreement
issues regarding prohibiting asphalt recycling and the crushing and blasting operations.
Mr. Schatz stated there is a letter on record outlining his meeting with the City of Brighton and
explained the communication which helped them better understand what the comprehensive plan
allows and what is regulated by the state and how the mitigation efforts are significant in
preventing the off -site impacts.
• In response to Commissioner Kirkmeyer, Mr. Schatz reviewed the Landscaping and
Screening Plan which, at this time, is mostly concerned with where the operation accesses CR 8.
In further response to Commissioner Kirkmeyer, Mr. Schatz clarified the resources as
commercially viable and verified the agreement with the Central Weld County Water District.
• In response to Chair Cozad, Mr. Schatz stated Brannan met with Union Pacific Railroad and
would like to look at the possibility of using a rail spur in the future. In further response, he
explained the final reclamation procedures and the potential to build to suit for a future use, as
well as the status of receiving their DRMS Permit which has been delayed due to Anadarko
requesting a surface use agreement. He stated Brannan is cooperatively meeting with Anadarko
today to complete that agreement and he hopes to have the DRMS Permit by January 31st, if not
sooner.
l In response to Chair Cozad, Mr. Pinkham stated typically there is not an Improvements
Agreement if the applicant is not accessing onto a County Road. Chair Cozad clarified she is not
only concerned regarding accessing onto a County Road but she is also concerned regarding
maintenance of haul routes on County Roads.
• In response to Commissioner Kirkmeyer, Mr. Hodges confirmed the City of Fort Lupton is
working on a Pre -annexation Agreement with Brannan, and included in that are details related to
the development of the access and road maintenance and improvements which are tied to the
Access Permit process. He clarified the Access Permit will not be released until these agreements
are in place.
Commissioner Kirkmeyer recommended amending Development Standard (DS) #9 to
include any revisions being noticed to Weld County which may or may not require amending the
USR. After further discussion, the Board agreed to amend it to read, "Revisions, as approved by
the Colorado Division of Reclamation, Mining and Safety, may, as determined by Weld County
staff, require an amendment to this USR Permit."
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Mr. Choate interjected the language does not specify a requirement to submit the changes.
The Board confirmed they are comfortable with the new language.
In response to Chair Cozad, Ms. Aungst requested clarification regarding the specification
of Inert Materials.
In response to Chair Cozad, Mr. Naylor indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Brannan Sand and Gravel
Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0034, for a Mineral Resource Development including Open Pit Mining (sand, gravel and
stone) and materials processing including stockpiling, crushing, screening, recycling operations
and importing of raw and recycled materials (inert materials) in the 1-3 (Industrial) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. The motion was
seconded by Commissioner Conway. Commissioner Kirkmeyer requested it be included in the
findings that a study has been completed proving the resources to be commercially viable. There
being no further discussion, the motion carried unanimously and the hearing was completed at
10:49 a.m.
This Certification was approved on the 16th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dett4W� jCido; eA,
Weld County Clerk to the Board
BY
ty Clerk to the Board
APPROVffb
J
Julie 'Cozad, Chair
Steve Moreno, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
AS Ts�,-M� �►� ��.
ounty Attorney
Date of signature: Q'lOCo(l '1
ike Freeman
arbara Kirkmeyer
2017-0114
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