HomeMy WebLinkAbout20141752.tiff HEARING CERTIFICATION
DOCKET NO. 2014-38
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0005, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING, AN ASPHALT BATCH PLANT
AND RELATED ACCESSORY BUILDING IN THE A (AGRICULTURAL) ZONE
DISTRICT-TERRY GRAZING ASSOCIATION, C/O CONNELL RESOURCES, INC.
A public hearing was conducted on June 18, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
F I hereby certify that pursuant to a notice dated May 1, 2014, and duly published May 6,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Terry
Grazing Association, c/o Connell Resources, Inc., for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0005, for Mineral Resource Development Facilities, including
open pit mining and materials processing, an asphalt batch plant and related accessory building
in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He reviewed the location, surrounding land use, and noted four residences are in close
proximity. He reviewed details of the property, and briefly described the type of mining operation
(382 acres will be mined); up to 12 drivers will be on-site at a time, as well as 5-6 day-time
employees. A portable processing facility will be brought to the site for crushing and screening
and material may also be processed elsewhere. A portable asphalt plant may be used as well.
No blasting will occur. The reclamation plan is to create additional ranchland with native
grasses. A mining permit has been obtained and the applicant must submit written evidence
from the Division of Reclamation Mining and Safety that the financial warranty was accepted.
Mr. Ogle said the community meeting's discussion on March 13, 2014, generally centered
around the surrounding road conditions, theft, dust, noise and excessive traffic, and he reviewed
correspondence received in opposition to the project, which addressed the flooding of Lone
Tree Creek, dust, smells, exhaust, excessive truck speed, incompatibility and reduced quality of
CC' CA(. I)PLtK0)FWt!DG')!(LO-L5 2014-1752
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HEARING CERTIFICATION - TERRY GRAZING ASSOCIATION, CIO CONNELL
RESOURCES, INC. (USR14-0005)
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life in the area. He showed images of the site, the nearby residences, the access road, and
maps showing the site and the surrounding properties.
e Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He said this stretch of County Road 126 is maintained by the County
and has quite a bit of 'heavy haul' on it, and reviewed traffic counts. He said just east of Carr,
County Road 126 going to US Highway 85 will be milled and paved for three miles sometime
this year and there is patching going on right now. IR Commissioner Kirkmeyer noted that
CDOT requested turn lanes, but since there is no increase in the net traffic due to the shut-down
of the Tucker pit, the triggers are not met. Mr. Carroll further reviewed site plans for County
Road 126. He said there is good circulation on the site plan; they estimate 80 truck trips per
day, with no more than 12 trucks on-site at one time. He referred to the previous Road
Maintenance Agreement, and noted the Tucker Pit will be discontinued, so there will be no net
change in the amount of truck traffic.
▪ Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said she carefully reviewed the Dust Management Plan to avoid
nuisance conditions and address the adjacent property owner's concerns about dust; noise is
restricted to the industrial limit, and the applicants will pursue voluntary noise mitigation as well.
She said if a complaint is received, the odors and noise will be monitored, and the remaining
Development Standards are those typical for dry gravel mining operations.
to Bill Schenderlein, with Core Solutions, LLC, and Larry Johnson, Aggregate manager for
Connell Resources, represented the applicant and gave a brief description of the project and the
site. Mr. Schenderlein reported the Tucker Pit was permitted in 1980, Connell took it over in
2011, and they have operated for three years without complaints, and they have begun
reclamation and reduced the number of stock piles. He said as the Tucker Pit plays out the new
pit will start-up. 80 truck trips per day would be the absolute maximum, because that number
came from responding to the September 2013 flood. He said the average is more like ten
trucks per day, with a maximum of 20-30; some days there may be none.
le Mr. Schenderlein noted that setbacks have been established, and mining activities will not
affect Lone Tree Creek. The property was recently released from a Colorado Parks and Wildlife
lease for big game hunting, and the applicant's best management practices were discussed,
and there are no known endangered species on the site. Phase 1 will be south of the creek,
and Phase II to the north. No groundwater will be contacted; there are setbacks from right-of-
ways and easements, and the facilities and activity will be kept below-grade as much as
possible in the bottom of the pit. He reviewed the mining details/material yielded, and said that
mined areas will be reclaimed concurrent with new mining, which will help minimize erosion and
dust impacts. They will be grading slopes, replacing topsoil and native grass seeding for a
return to ranchland for grazing, water will be hauled to the site for dust control, and no water
resource or additional traffic impacts are expected.
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HEARING CERTIFICATION - TERRY GRAZING ASSOCIATION, C/O CONNELL
RESOURCES, INC. (USR14-0005)
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IR In response to Commissioner Kirkmeyer, Mr. Carroll said the Tucker Pit supplies Public
Works with truck counts and there is an Improvements Agreement in place dating from 1980.
OD No public testimony was offered concerning this matter.
El Mr. Schenderlein referred to Condition of Approval #1.C, which addresses traffic and the
Road Improvements Agreement, and Mr. Carroll confirmed for him these are the standard
triggers for the acceleration and deceleration lanes.
Fl Commissioner Kirkmeyer addressed Development Standard #20 regarding the hours of
operation (daylight or 6:00 a.m. to 7:00 p.m.). After discussion, the last sentence was struck by
assent of the Board, making a change to daylight hours only. Commissioner Kirkmeyer
addressed Development Standard #21, regarding groundcover, as redundant/covered by other
standards; it was deleted by assent of the Board. As to Development Standard #22, she asked
if that isn't part of their permit for mining, and Mr. Ogle said it is a standard note in mining
applications and it is required by the State, and it was, therefore, deleted by assent of the
Board. Development Standard #28, number of employees per shift, was also deleted by assent
of the Board, as unnecessary. Commissioner Kirkmeyer said this is a separate application so
any Road Improvements Agreement should be looked at on its own merits, and it was confirmed
that the triggers are appropriate.
Fl In response to Chair Rademacher, Mr. Schenderlein indicated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
Fl Commissioner Freeman moved to approve the request of Terry Grazing Association, c/o
Connell Resources, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0005, for Mineral Resource Development Facilities, including open pit mining
and materials processing, an asphalt batch plant and related accessory building 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 entered into the
record. The motion was seconded by Commissioner Conway. Commissioner Conway added
that the fact the company has been operating since 2011 without any problems indicates they
have been a good neighbor. He asked that they continue to ensure safety is a priority with their
truck drivers and continue to reach out to the community. The motion then carried unanimously.
2014-1752
PL2275
HEARING CERTIFICATION - TERRY GRAZING ASSOCIATION, C/O CONNELL
RESOURCES, INC. (USR14-0005)
PAGE 4
There being no further discussion, the hearing was completed at 11:14 a.m.
This Certification was approved on the 23rd day of June, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADOATTEST: Watedtedv
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Weld County Clerk to the Board
/ arbara Kirkme er, Pro-Tem
�e.0 Clerk to the Boar``
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1 an P. Conway
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j ii `Freeman
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EXCUSED DATE OF APPROVAL
William F. Garcia
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