Martin Marietta Materials Aggregate Processing Facility (USR15-0027)


STATUS: Approved

Martin Marietta Materials (MMM) submitted and Weld County approved an application for a Use by Special Review (USR) permit to build a major aggregate processing facility on WCR13 just south of US34.

This facility will include:

  1. A continuous operation asphalt drum plant that will produce as much as 475,000 tons per year
  2. A concrete batch plant that will produce as much as 800,000 tons per year
  3. A concrete crusher for concrete recycling
  4. Asphalt recycling
  5. Up to 2 million tons per year of aggregate product and 1 million tons per year of additional aggregate distribution from the site
  6. A rail spur for delivery of aggregate to the site by 150 trains per year

The USR application and other associated documents can be found here on the Weld County Planning Department website, and the hearing resolution can be found at the Weld County Commissioners website (click here).


CLR-34 CONCERNS

CLR-34 has numerous serious concerns about this facility:

Incompatibility with surrounding land uses (read CLR-34's analysis)

Traffic congestion and safety hazards (read CLR-34's traffic study assessment)

Health and safety hazards (read CLR-34's assessment of the health impacts of particulates)

Adverse impacts on farming and water quality  (read CLR-34's analysis of the impacts on farming and water quality)

Noise

Odor

Visual impact

Substantial reductions in nearby residential property values (read CLR-34's analysis of the impacts on property values)

In approving USR15-0027, Weld County Commissioners ignored the recommendations of the Weld County Planning Department, the vote for denial by the Weld County Planning Commission, and the referrals of all nearby municipalities. They also failed to apply the criteria required by law for making such decisions. Eight neighbors filed an appeal (read the press release and the complaint). You can read the briefs here. In August 2016, the judge issued an Order of Remand requiring the Commissioners to provide findings of fact in support of their decision. On January 27, 2017, the judge issued an Order ruling against the plantiffs

The plaintiffs filed a Notice of Appeal with the Colorado Court of Appeals on March 15, 2017, and filed the Court of Appeals Opening Brief on May 26, 2017. At the same time, the Town of Johnstown filed a request for later filing of an Amicus Brief supporting the plaintiffs. Johnstown ultimately decided against filing the Amicus Brief due to legal costs. Weld County filed their response brief on June 29, 2017. Martin Marietta filed an answer brief on June 30, 2017. The plaintiffs filed a final reply brief on July 20, 2017. Oral argument is scheduled for November 7, 2017 at 1:30 PM in the Court of Appeals Courtroom (2 E. 14th Avenue, 3rd Floor, Denver).


ACTION NEEDED

Please support the appeal by donating money to defray legal costs.


Contact Us

Email: clr34na@gmail.com

Mail: CLR-34

c/o Dave Kisker, President

6681 Apache Road

Johnstown, CO  80534

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NOTE: CLR-34NA is a 501c(4) nonprofit organization. Therefore, contributions are NOT tax deductible.