HomeMy WebLinkAbout20150569.tiff HEARING CERTIFICATION
DOCKET NO. 2015-13.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0077, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING OPEN PIT
MINING (SANDS, GRAVELS AND STONES) AND MATERIALS PROCESSING
INCLUDING STOCKPILING, CRUSHING AND SCREENING, RECYCLING
OPERATIONS, AND IMPORTING OF RAW AND RECYCLED MATERIALS, AS WELL
AS TWO MOBILE TRAILERS IN THE A (AGRICULTURAL) ZONE DISTRICT - COLBY
AND SANDRA VAN CLEAVE, CIO VCA AGGREGATES, LLC
A public hearing was conducted on March 11, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 2015, and duly published
February 4, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Colby and Sandra Van Cleave, do VCA Aggregates, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0077, for a Mineral Resource
Development, including open pit mining (sands, gravels and stones) and materials processing
including stockpiling, crushing and screening, recycling operations, and importing of raw and
recycled materials, as well as two mobile trailers in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
e Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal stating 11 referrals were sent out with eight resulting in either no concerns or no
response. She explained the proposal is for a mining operation to affect 103.54 acres of the
638-acre parcel. There will be two mobile trailers on-site, a portable processing station, and up
to eight employees. There is no high wall mining to be expected and the mining process will
include ten phases, after which the land will be reclaimed to rangeland status. The site is not in
a special flood hazard area and adjacent properties are used for pasture, with the applicant
residing in the closest residence. There was no correspondence received from surrounding
property owners and it is not in a three (3) mile radius of any municipality. Ms. Aungst entered
the favorable recommendation of the Planning Commission into the record as written and
displayed aerial photographs, maps, and roadways in proximity to the subject property, stating
she was not allowed to go to the site because of a private easement.
2015-0569
3L ORet-et•TLJ,N!- 23 PL2323
HEARING CERTIFICATION - COLBY AND SANDRA VAN CLEAVE, C/O VCA
AGGREGATES, LLC (USR14-0077)
PAGE 2
e Planning Services Engineer representative, Wayne Howard, provided a brief overview of
the transportation plans and requirements conveying there are no traffic counts available as it is
not a highly traveled road. He stated the applicant has indicated 25-30 trucks per day, going
east from the site. Further, the applicant has been asked to enter into a road maintenance
agreement to address potential issues for dust control and high water, to look at standard traffic
control, and label drainage arrows coming out of the site. The Access Permit, #AP15-00028,
has been granted; however, if a gate is proposed for private access it must be 75 feet from the
right-of-way line. The applicant has also been asked to submit easements and the proposed
mining activities are exempt from the grading permit requirement.
le Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating portable toilets are acceptable, water trucks will be used for dust
abatement, an air emissions permit has been granted, waste handling will utilize trash
receptacles, and noise will be restricted to industrial levels. Ms. Light stated there are no
outstanding Conditions of Approval or issues of concern with this request.
le Mike Ausmus represented VCA Aggregates, LLC, and stated the main customers for this
application are related to the growth of the oil and gas industry. The business has the required
permits, truck traffic will be as stated, and they could have up to eight employees. In response
to Commissioner Cozad, Mr. Ausmus confirmed all mining will be on the south side of the
pipeline, which should encompass approximately ten years, depending on deman, and he
clarified the resources are not available on the north side.
• No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Ausmus indicated there could be work taking place beyond the limitations of the hours of
operations currently cited on Development Standard #4, after which she suggested deleting the
words, "Monday through Friday" to eliminate that limitation due to the location being sparsely
populated. Commissioner Freeman conveyed his agreement and further suggested deleting
Development Standard #3, in the event the business grows to need more employees. The
Board concurred with these deletions.
e In response to Chair Kirkmeyer, Mr. Ausmus, representing Colby and Sandra Van Cleave,
do VCA Aggregates, LLC, indicated they have reviewed, and agree to abide by, the Conditions
of Approval and Development Standards, as amended.
e Mr. Howard referenced the changes proposed by the Planning Commission and suggested
deleting Conditions of Approval #1.C.9 and #1.C.10 since the applicant will be accessing the
site using private easements, versus public right-of-way. The Board concurred with the
changes. In response to Chair Kirkmeyer, the applicant had no objections to the deletions.
le Commissioner Conway moved to approve the request of Colby and Sandra Van Cleave,
c/o VCA Aggregates, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0077, for a Mineral Resource Development, including open pit mining (sands,
gravels and stones) and materials processing including stockpiling, crushing and screening,
2015-0569
PL2323
HEARING CERTIFICATION - COLBY AND SANDRA VAN CLEAVE, C/O VCA
AGGREGATES, LLC (USR14-0077)
PAGE 3
recycling operations, and importing of raw and recycled materials, as well as two mobile trailers
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
amended. The motion was seconded by Commissioner Cozad, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:47 a.m.
This Certification was approved on the 16th day of March, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cer Cd , ,,/ ;� EXCUSED DATE OF APPROVAL
C�1j G •iC�o Barbara Kirkmeyer, Chair
Weld County Clerk to the Bo.rd
fir., v
�a Mike Freeman, Pro-Tem
BY
■eputy Clerjf tot a B"=rd • •""'yG
isoi ( �� Sean P. Cones
Julie A. Cozad
Steve Moreno
2015-0569
PL2323
r
S'
1 ,
a L
g v
w __ < '..,
,r, (-1 's , O
?=: (f -c LI
..t
N
J J-
;
4.W
N •cs ;r.
, ti.
i
= 1 i V t' '.1.,r
Z .� ��
Q L- ��
Lu
i—
a d ti•, v
Co - T ,\ ,y v
0
°a -
1 _ J
t ..y V
y
Lam- v
m iI
o
J
r� � .j
Fc `y
a a
w ] Cr
Cl) -' R
VW '`r 7......> 'U9
J y 4a
TT, '4.)w 4
Hello