HomeMy WebLinkAbout20163649.tiffHEARING CERTIFICATION
DOCKET NO. 2016-95
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0032, FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND
MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE
DISTRICT - JOHN AND SHARON PETERS, C/O WELD COUNTY PUBLIC WORKS
A public hearing was conducted on December 14, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Janet Lundquist
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 October 28, 2016, and duly published
November 2, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of John and Sharon Peters, c/o Weld County Public Works, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0032, for Mining or Recovery of
other Mineral Deposits and Materials Processing (gravel mining) in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated it is a dry gravel mining operation on an 80 -acre lease area and the site is
under common ownership and he reviewed the access. He explained the sand and gravel are to
be used for County road maintenance and repair and other county projects and he reviewed the
various equipment to be used and/or stored on -site, the number of employees, and hours of
operation. Mr. Gathman clarified there would be no sale of products; therefore, no buyers or
visitors would be on -site. He stated only 20-25 acres of the site would be disturbed with the
operation. He mentioned an email received from 5th Creek Energy prior to the Planning
Commission hearing citing concerns with the oil and gas wells that are proposed for this site and
he provided the background information related to 5th Creek Energy obtaining the mineral rights
from EOG Energy. Mr. Gathman stated there was no correspondence or phone calls received in
objection of this application and that the site is located in a rural area and not within the three (3)
mile referral area of any municipality or Intergovernmental Agreement area. He stated 13 referrals
were sent out with seven (7) responses received and only four (4) of those contained comments
for consideration. He further confirmed that approval has been received from the Colorado
Division of Mining and Reclamation and Safety, conditional upon a performance warranty being
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HEARING CERTIFICATION - JOHN AND SHARON PETERS, C/O WELD COUNTY PUBLIC
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provided. Mr. Gathman displayed some pictures of the site and surrounding areas and entered
the favorable recommendation of the Planning Commission into the record as written. In response
to Commissioner Cozad, Mr. Gathman confirmed the approval letter from the Colorado Division
of Mining and Reclamation and Safety was included in the application materials.
• Janet Lundquist, Public Works Department representative, provided a brief overview of the
transportation plans and requirements to include the Access Permit number, AP16-00321. She
provided the most recent average daily traffic counts and truck percentages for the relevant
County roads and stated tracking control is required at this time; however, an Improvements
Agreement is not required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating bottled water and portable toilets are acceptable for sanitary use, noise is
restricted to the Industrial Zone District limit, and Development Standards (DS) #3-8 address
typical Environmental Health items.
• Evan Pinkham, Department of Public Works, represented the applicant and reviewed the
plans to use the seasonal operation to construct and maintain County roads in the northern part
of the County and will include 25-30 haul trucks per day when in use. He further reviewed the
equipment to be used and/or stored on -site, berms to be constructed around the perimeter to
control water runoff, and the pit flow sloped back into the pit to minimize water runoff. He further
explained upon completion, they are committed to reclamation to include re -grading and
re -seeding to return the land back to its natural vegetation. Mr. Pinkham explained the dialogue
that took place with 5th Creek Energy and stated the concerns have been addressed.
Mr. Pinkham stated this is the second pit the County has utilized on the Peters family land and
this family has been really good to work with.
El No public testimony was offered concerning this matter.
• In response to Commissioner Cozad, Mr. Pinkham stated the only requirement from the
Colorado Division of Mining and Reclamation and Safety was a Performance Warranty Bond to
be submitted and this has been completed and satisfied.
le In response to Chair Freeman, Mr. Pinkham indicated the Department of Public Works has
reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as
entered into the record.
Commissioner Kirkmeyer moved to approve the request of John and Sharon Peters, do
Weld County Public Works, for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0032, for Mining or Recovery of other Mineral Deposits and Materials Processing
(gravel mining) 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
2016-3649
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HEARING CERTIFICATION - JOHN AND SHARON PETERS, C/O WELD COUNTY PUBLIC
WORKS (USR16-0032)
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as entered into the record. The motion was seconded by Commissioner Moreno, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:36 a.m.
This Certification was approved on the 19th day of December, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dime, j w xllo;ei
Weld County Clerk to the Board
APP
ounty • ttorney
Date of signature: 01105/
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Steve Moreno
2016-3649
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