HomeMy WebLinkAbout20143294.tiff HEARING CERTIFICATION
DOCKET NO. 2014-73.6
RE: USE BY SPECIAL REVIEW PERMIT, USR14-0023, FOR A MINERAL RESOURCE
DEVELOPMENT, INCLUDING OPEN PIT MINING (SANDS, GRAVELS AND STONES)
AND MATERIALS PROCESSING, INCLUDING CONCRETE OR ASPHALT BATCH
PLANTS AND/OR RECYCLING OPERATIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT-VARRA COMPANIES, INC.
A public hearing was conducted on October 29, 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
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I] I hereby certify that pursuant to a notice dated August 29, 2014, and duly published
September 3, 2014, in the Greeley Tribune, a public hearing was conducted on
October 1, 2014, to consider the request of Coulson Excavating Company, c/o Varra
Companies, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0023, for a Mineral Resource Development, including open pit mining (sands, gravels
and stones) and Materials Processing, including concrete or asphalt batch plants and/or
recycling operations in the A (Agricultural) Zone District, at which time the Board continued the
matter to October 29, 2014, to allow Coulson Excavating Company, c/o Varra Companies, Inc.,
adequate time to meet the 30-day Mineral Notice as required by State Statutes. Bruce Barker,
County Attorney, made this a matter of record.
Further, a public hearing was conducted on October 29, 2014, to consider the aforementioned
request following sufficient time given the applicant to meet the necessary criteria. Brad Yatabe,
Assistant County Attorney, again, made this a matter of record.
El 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 referrals and surrounding land use. He said that 75 acres of the 100-acre
site will be used as part of the strip mining operation. The land is currently fallow, and during
mining and reclamation water trucks will provide dust control as needed. Beginning in 2015, it is
estimated the mining will take 25 years, with an additional five years of reclamation. He stated
12 employees will be working the day shift and truck drivers will come and go. Mr. Ogle
reviewed the location of the stockpiling area's and processing plant, and said a 59-acre water
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reservoir will be included in the reclamation. The applicant will submit evidence of permits from
the Department of Reclamation Mining and Safety. He said staff received one letter regarding
concerns about traffic, noise, safety and flooding from the adjacent property owner, Ms. St.
John, and she also requests landscaping along East 16th Street. He showed images of the site
and surrounding area. He said no mining will occur within 100 feet of the Cache la Poudre River
and the site is in a flood plain.
ID Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements. He said the accesses will be off of East16th Street and
Fern Street, and he reviewed the high average daily traffic counts. They are requesting an
Improvements and Road Maintenance Agreement, which will include acceleration and
deceleration lanes. The City of Greeley has classified these as collector roads, and the
applicant has indicated they will comply with the city's set-back requests and they will also
provide tracking control. In response to Chair Rademacher, Commissioner Conway said he
believes the City of Greeley does have plans to expand the Poudre Trail along this route.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. Fuel tanks must have secondary containment and a State Air Emissions
Permit is required, odor is addressed, and noise is restricted to the 1-3 (Industrial) Zone. The
equipment with 80 decibels will be kept at least 400 feet from the property line. She said the rest
of the Development Standards#6-8 are typical for a sand and gravel mine.
Ei Garrett Varra, Varra Companies, Inc., owner and operator, addressed the concerns
expressed in the letter received yesterday. Mr. Varra said they have permits to address each
one of these issues, except property values. He said this USR has lengthened the longevity of
this operation, essentially extending the lifespan of the existing mine, and they are not planning
to scale up operations, but rather move them to this next location. He stated they will be the
best neighbors they can. In regard to flooding, Mr. Varra said a pit in the ground absorbs flood
water and actually helps a great deal; in fact, during the recent flooding their neighboring pit was
full of water as a help to the City and County and at great cost to their company.
El ms. St. John apologized for the lateness of her comments, she stated she did not see the
sign on the property, and she is concerned about her property value and her health, especially
in regard to air pollution because dust from the north and west winds will end up at her property.
She stated she would prefer that the trucks not travel in residential areas - they should go the
opposite direction from her home on 18th Street, and she also requested screening and dust
control with landscaping such as Evergreens. She said that during last year's flooding, they
were worried that all the water in the gravel pit would overflow onto her property. Lastly, she
commented that these trucks are huge.
15 In response to Commissioner Conway, Ms. Light said the State monitors the permits, and
if complaints are received County inspectors will go out to the site. She noted that as the pit
gets deeper the dust problem will be abated more, and numerous violations will cause the
company to end up before the Board again. E5 Mr. Varra committed to meet these
obligations, and said there is a spillway structure to relieve flow from the Poudre, which was
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built in response to concerns from neighbors. He said that his employees were warning people
during the flood and perhaps overstating the matter, and there have been extensive studies of
potential water flow. His own house was flooded last year, so he understands those fears. He
suggested the County might like to sponsor a work session to let the public know that these
mines are actually an asset in multiple ways. In regard to landscaping, he said there will be a
fence, trees and bushes, and be and that be a large pile of topsoil, which will block the view of
neighbors further to the south. PA Mr. Howard said 50 percent of the traffic will go north to
State highway 252 and the rest will go south down Fern Avenue. Mr. Varra said these routes
are approximate and are due to demand, but the mine is not increasing traffic from what already
exists at their neighboring pit. Ei In response to Commissioner Kirkmeyer, Mr. Varra stated
they have permission to utilize the access road from PDC Energy, Inc. and will make
improvements, and he also referenced the ditch company access.
He requested the title of the USR be changed to Varra Companies, Inc., and strike
Coulson, because although they are 50/50 partners on the property, Varra is the applicant; done
by assent of the Board. In regard to Condition of Approval #1.L, submitting a CLOMR,
Mr. Varra requested the words "if applicable," be added and this was done by assent of the
Board.
El Commissioner Kirkmeyer suggested the deletion of Conditions of Approval #1.B and #1.E
because these are agreements between private parties. She noted that #1.C requires a will-
serve letter from a water district. Mr. Varra confirmed they could get water, however they have
a well, and will be getting a well permit, so that won't be necessary. The water is only for their
employees. Commissioner Kirkmeyer said that she doesn't think the County needs to enforce
State requirements; they just need to demonstrate they have potable water. The Board decided
to delete the second sentence in #1.D, regarding evidence of approval for the City of Greeley.
El Commissioner Kirkmeyer said Condition of Approval #1.F needs to be reworked to
demonstrate they have an access prior to recording the plan. She suggested the deletion of
#1.H, as redundant to the Code and Mr. Ogle agreed. She then said Condition of Approval
#1.M needs the word "offsite" added.
Commissioner Kirkmeyer said Development Standard #22 can be deleted because topsoil
is addressed via the state permit. In regard to Development Standard #28, number of
employees, Mr. Varra stated that they may have as many as 18; done by assent of the Board.
fa Commissioner Kirkmeyer addressed Development Standards #24, #30, and #31, as all
saying basically the same thing. The Board determined that #24 be consolidated from these
three, and Development Standards #29, #33 and #34 also need to be consolidated under one
item. Mr. Varra said they agreed to do a LOMAR at a different facility, if it is required they will
do it, but he doesn't think that is necessary and it is a large expense. Commissioner Kirkmeyer
suggested deleting all of these because they are already required via other jurisdictions. PA
Ms. Aungst said she agreed #33 and #29 could be combined; however, FEMA endorsed the
County as the local enforcer of these regulations; it would be prudent to keep this reminder in
the Development Standards, because FEMA does require the LOMAR and this will be a 25-year
project and staff changes so this serves as a reminder. Commissioner Freeman suggested
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adding the words "if applicable," in case the rules change in the future. Mr. Varra said flood
water/disaster relief is an issue, they understand that and will work with FEMA and the State,
but perhaps in alternate ways. Commissioner Conway noted the rules also change constantly.
Commissioner Kirkmeyer noted these are Development Standards on an applicant versus
regular staff monitoring, so she again argued for deletion. Mr. Varra said that the public, private
companies, FEMA, and State and County government can work together to keep their NFIP
Program where it needs to be, and he would be happy to facilitate such a meeting.
Commissioner Kirkmeyer said planning staff will monitor the USR as they need to.
ID Mr. Varra said approval of their 404 permit is forthcoming, and Commissioner Kirkmeyer
reiterated these requirements should not be enforced by the County and Development Standard
#34 should, therefore, be deleted; done by assent of the Board. Chair Rademacher
addressed Condition of Approval #3.C, regarding submitting a letter, and Mr. Varra replied the
intention of that was to protect the river bank, but they are working 100 feet from the bank,
which is required; they may reroute the ditch (and have an Army Corps permit for that), but
shouldn't be anywhere near the river. Condition of Approval #3.C was, therefore, struck by
consent of the Board. a Ms. Aungst asked if Development Standard #33 could be moved in
its entirety to a new Condition of Approval #4.A. Mr. Varra said as long as his company has
some leeway to express their point of view, they are fine with that. The Board opted for a new
Condition of Approval #4.A, to read, "Prior to the release of the performance bond the applicant
shall meet Department of Planning Services staff to discuss any outstanding issues."
Ei Mr. Ogle and the Board reviewed all the aforementioned changes for the record.
e In response to Chair Rademacher, Mr. Varra indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Kirkmeyer moved to approve the request of Varra Companies, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0023, for a Mineral
Resource Development, including open pit mining (sands, gravels and stones) and Materials
Processing, including concrete or asphalt batch plants and/or recycling operations in the
A (Agricultural) Zone District. The motion was seconded by Commissioner Conway, and it
carried unanimously.
Kim Ogle noted that there are two zones at this site, the 1-3 (Industrial) Zone District was
dropped from the notice, just the A (Agricultural) Zone was listed, so that needs to be amended
in. Commissioner Kirkmeyer commented the Board is listening to the concerns of neighbors;
however, there are many permits and requirements from many different agencies that address
mining operations, as well as the Conditions of Approval and Development Standards in the
Resolution. a Commissioner Conway recommended applicants and neighbors meeting in
order to work out any issues that arise, and Mr. Varra has previously demonstrated that he is a
good neighbor with his work sites throughout the County. There being no further discussion,
the hearing was completed at 11:32 a.m.
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This Certification was approved on the 3rd day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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