HomeMy WebLinkAbout20152796.tiff HEARING CERTIFICATION
DOCKET NO. 2015-83
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0031, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING (GRAVEL MINING OPERATION)
IN THE A (AGRICULTURAL) ZONE DISTRICT - HARMS RANCH, LLC, C/O PINE
BLUFFS GRAVEL AND EXCAVATING, INC.
A public hearing was conducted on August 26, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
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 July 17, 2015, and duly published
July 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of
Harms Ranch, LLC, do Pine Bluffs Gravel and Excavating, Inc., for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0031, for a Mineral Resource Development
Facility, including Open Pit Mining and Materials Processing (gravel mining operation) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
• Chair Kirkmeyer advised Lonny Graves, applicant, that, since Commissioner Freeman was
not able to be present, he had the option of continuing this matter to a date with the full Board
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Freeman will listen to the record and make the determining
vote. Mr. Graves indicated he would like to proceed.
• Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated this site was previously permitted under a 110 Permit and now the
applicants are applying for a 112 Permit which requires a Use by Special Review Permit.
Mr. Gathman explained the distrubed acreage will increase from just under 10 acres to
approximately 32 acres and no structures are propsoed to be located on the property. He
reported there are wind turbines, in conjunction with a prior USR on the property, where the
gravel pit is located and he clarified that USR boundaries cannot overlap so there is a condition
that the boundaries be relocated on the plats. Staff sent out eleven referrals and received seven
repsonses which indicated no concerns. Mr. Gathman stated the site is not located within the
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HEARING CERTIFICATION - HARMS RANCH, LLC, C/O PINE BLUFFS GRAVEL AND
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three (3) mile referral area of any municipality. He entered the favorable recommendation of the
Planning Commission into the record, as written, and displayed some images of the site and
surrounding views. In response to Commissioner Cozad, Mr. Gathman deferred to the applicant
regarding the approval of the 112 Permit by the State.
• Wayne Howard, Planning Services Engineer, provided a brief overview of the
transportation plans and requirements to include the relevant use of County Roads (CR) 127
and 124 and the delineation of future and existing rights-of-way. He clarified the applicant did
not intend to use CR 124 for access. He reported the average daily traffic counts and reviewed
the traffic narrative indicating 25 daily truck trips and two employee round trips. Mr. Howard
provided the approved Access Permit Number, AP#15-00086, and reveiwed the requirements
for setback entrance gates, tracking control, and the Improvements Agreement. He stated the
haul routes must be specified, no stormwater drainage is required, and if more than an acre is
disturbed, other than the gravel pit, a Weld County Grading Permit will be required.
• Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating bottled water and portable toilets are acceptable, an updated Air
Pollution Emission Notice Permit is required, Development Standards (DS) #3-10 are typical
environmental health items, and there were no concerns with this application.
02 Mr. Graves stated the gravel pit is located in a very rural area and gravel is hard to come
by. He reviewed the companies they provide materials to and stated it serves a purpose
assisting projects. In response to Commissioner Cozad, Mr. Graves stated the DRS 112 Permit
was approved in March of 2015. Responding to Commissioner Conway, he stated his company
is a vendor for Cedar Creek Wind Farm.
IR No public testimony was offered concerning this matter.
la In response to Chair Kirkmeyer, Mr. Barker clarified the requirement to complete a
Subdivision Exemption which allows the gravel pit to be separated out from the prior USR on
the property and to develop the new USR. Mr. Gathman interjected that he has the language to
be considered by the Board regarding the Subdivision Exemption.
la In response to Chair Kirkmeyer, Mr. Graves indicated they have reviewed, and have no
questions or concerns with the Conditions of Approval and Development Standards.
• Mr. Gathman explained the details surrounding the requirements for the Subdivision
Exemption and recommended the language be added as a new Condition of Approval (COA)
#1.C. The Board agreed. Mr. Barker suggested additional languag be added to COA #1.C, to
include the access road to the mining operation from CR 127. The Board concurred.
• In response to Commissioner Cozad, Mr. Gathman stated COA #2.B is unneccesary and
can be deleted. The Board agreed. Commissioner Cozad further suggested the removal of
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DS #15 because of the rural location. Chair Kirkmeyer suggested DS #21 be deleted also do to
the rural location. Commissioner Cozad suggested the removal of DS #24. The Board agreed to
the changes.
In response to Chair Kirkmeyer, Mr. Graves stated he understands the changes and he
agrees to abide by the Conditions of Approval and Development Standards, as amended.
Commissioner Conway moved to approve the request of Harms Ranch, LLC, do Pine
Bluffs Gravel and Excavating, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0031, for a Mineral Resource Development Facility, including Open Pit
Mining and Materials Processing (gravel mining operation) 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 and entered into the record.
The motion was seconded by Commissioner Moreno. Commissioner Conway acknowledged the
applicant's comment regarding the need for this operation and concurred. The motion carried
unanimously. There being no further discussion, the hearing was completed at 10:29 a.m.
This Certification was approved on the 31st day of August, 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, OLORADO
ATTEST: ddr1/ L jC1Lo•eie
arbara Kirkm yer, Chair
Weld County Clerk to the Board
EXCUSED
Mike Freeman, Pro-Tern
BY: pD=./ty Clerk tot e Board EL �^
P. C nway
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Steve Moreno
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