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HomeMy WebLinkAbout20153487.tiff HEARING CERTIFICATION DOCKET NO. 2015-106 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0038, FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT-TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC A public hearing was conducted on November 4, 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 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 September 17, 2015, and duly published September 23, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Timbro Ranch and Cattle Company, LLC, c/o Wells Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0038, for mining or recovery of other mineral deposits and materials processing (gravel mining) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. a. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated this is for a gravel pit and gravel mining operation with no blasting. He explained the gravel will be processed with a crusher and screening plant. Mr. Gathman reviewed the shifts and clarified the operation will depend on demand. He stated the mining activity will utilize approximately 37 acres of the parcel. He reviewed the accesses and the number of vehicles expected to visit the site each day. Mr. Gathman reported the applicant does have a DRMS Permit, #M2015-005. He reviewed the uses in the area and the nearest residences stating the area is rural in nature. Staff sent out ten (10) referrals and received seven (7) responses indicating no concerns or approval with conditions. Mr. Gathman stated the site is not within the three (3) mile referral area of any municipality and he displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. a Wayne Howard, Planning Services Engineer, provided a brief overview of the transportation plans and requirements and reviewed the access off of County Road (CR) 119 and provided the 2015-3487 CG• ezt_ ,.a- �3 PL2378 HEARING CERTIFICATION - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC (USR15-0038) PAGE 2 Approved Access Permit, AP#15-00381. Mr. Howard stated the average daily trips for the relevant roads and confirmed the application materials indicated 160 daily round trips with 150 of those being trucks. He further explained the projected truck routes with a proposed trip distribution of 50% in each direction. Mr. Howard reviewed the tracking control requirements and stated the applicant has requested a variance for the drainage plan which has been approved. He further stated there will be an Improvements and Road Maintenance Agreement required due to the volume of traffic. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating this is considered a temporary use and has minimal requirements. She stated the applicant can provide portable toilets, must comply with the State Air Quality Rules, and Development Standards #3 through #10 are relevant to Environmental Health regarding mining operations. • John Kolanz with Northern Colorado Attorneys, represented the applicant and stated staff covered the application comprehensively and that it is a typical mining operation. He clarified the location is very remote and the market is based on the needs of the Oil and Gas Industry within that remote area which would be cost effective for the industry and convenient because of the location. Mr. Kolanz also mentioned the County may be a customer for road maintenance materials in that area. He clarified the operation meets the code for aggregate mining, and approval for the reclamation permit is already in place which establishes the reclamation obligations once mining is complete. 2 In response to Commissioner Conway, Mr. Kolanz deferred to William Moser, applicant, who clarified the service area depends on economics and the demand within a 15-20 mile radius because outside that radius product may be available by another source. He reiterated the service they provide may provide some relief for numbers of truck trips on other County roads. a No public testimony was offered concerning this matter. • In response to Chair Kirkmeyer, Mr. Kolanz, on behalf of Timbro Ranch and Cattle Company, LLC, c/o Wells Trucking, LLC, indicated they have no concerns or recommended changes. • Mr. Gathman suggested deleting Condition of Approval #5. The Board agreed to this change. In response to Chair Kirkmeyer, Mr. Kolanz. on behalf of Timbro Ranch and Cattle Company, LLC, c/o Wells Trucking, LLC, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. a_ Commissioner Cozad moved to approve the request of Timbro Ranch and Cattle Company, LLC, c/o Wells Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0038, 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 as amended and entered into the record. The motion was seconded by Commissioner Conway, 2015-3487 PL2378 HEARING CERTIFICATION - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC (USR15-0038) PAGE 3 and it carried unanimously. There being no further discussion, the hearing was completed at 11:35 a.m. This Certification was approved on the 9th day of November, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: C1,d s4J G JCjo•€..k. arbara Kirkmeyer, hair Weld Co nty Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Cler 1 o the B. •]►'' �`, . '� / •►,, �� Sean P. nway t O 412 623/1 Ju ie A. ozad Steve Moreno 2015-3487 PL2378 \ . 2 \ v 7 / / / / a Ia / g . , Ca _ t & 7 , •° 3 A � � 9 / > \ . VI \ / / `` / a # 6 3 2 / \ ) \ \ I i i z� \ f <_ c, . _ . 3-- i- ai • < \ � R / •,,, } « g + \ a Ce / § / / \ J O \ ) § e. Hello