HomeMy WebLinkAbout20122536.tiff 1861 -2011
WEL,`� 0 NTY
I I LAND USE APPLICATION
L�J SUMMARY SHEET
Case Number USR12-0029
Hearing Date: August 21, 2012
Applicant: Daniel Dietzler, Dietzler Construction Corporation
do Mickey Lebya-Farnsworth
Patrick Engineering, Inc.
1400 West 122nd Avenue, Suite 102
Westminster CO 80234
Request: A Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development including Open Pit Mining (sand, gravel and stone), and
Materials Processing in the A (Agricultural) Zone District. (Pawnee Aggregate
Mine)
Legal Description: NW4NE4 Section 31, and S2SE4 & SE4SW4 Section 30 T10N, R60W of the 6th
P.M Weld County, Colorado
Location: North and South of and adjacent to County Road 112, approximately 1.5 miles
East of County Road 95
Size of Parcel: 160 acres, more or less
Parcel Number: 0289-31-0-00-005 and 0289-30-0-00-004
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies with
comment:
• Weld County Building Inspection referral dated June 13, 2012
• Weld County Zoning Compliance referral dated May 25, 2012
• State of Colorado Division of Mining Reclamation Safety referral dated August 15, 2012
The Department of Planning Services' staff has received responses from the following agencies without
comment:
• West Greeley Soil Conservation District referral dated May 30, 2012
• Weld County Department of Public Works referral dated June 4, 2012
< State of Colorado, Division of Water Resources referral dated June 20, 2012
• Weld County Department of Environmental Health referral dated June 26, 2012
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 1
AE4 - a5310
The Department of Planning Services' staff has not received responses from the following agencies:
< Weld County Sheriffs Office
< State of Colorado Division of Parks and Wildlife
< Pawnee Fire Protection District
< Weld County School District RE-12
< Frances E. Warren Air Force Base
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 2
1861 -2011
���;' LAND USE APPLICATION
SUMMARY SHEET
WEL`� 0 NTY
u
Planner: Kim Ogle Hearing Date: August 21, 2012
Case Number: USR12-0029
Applicant: Daniel Dietzler, Dietzler Construction Corporation
c/o Mickey Lebya-Farnsworth
Patrick Engineering, Inc.
1400 West 122nd Avenue, Suite 102
Westminster CO 80234
Request: A Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development including Open Pit Mining (sand, gravel and stone), and
Materials Processing in the A(Agricultural)Zone District
Legal Description: NW4NE4 Section 31, and S2SE4 & SE4SW4 Section 30 T10N, R60W of the 6th
P.M Weld County, Colorado
Location: North and South of and adjacent to County Road 112, approximately 1.5 miles
East of County Road 95
Size of Parcel: 160 acres, more or less
Parcel Number: 0289-31-0-00-005 and 0289-30-0-00-004
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources." According to the Weld County Sand, Gravel Resources map dated
July 1, 1975, the Northern part of the property is classified as F-1 (Floodplain and Valley-
Fill Deposits — relatively clean and sound). The application materials indicated that very
little to no topsoil exists which will be removed and stockpiled; and one (1) to twenty-eight
(25)feet of aggregate material will be extracted.
Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways. The applicant
will complete a Non-exclusive License Agreement and post collateral for the upgrade and
maintenance of County Road 99 right-of-way. Public Works is asking the applicant to
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 3
enter into an Improvements Agreement and post collateral for all on-site and off-site
improvements associated with the Haul Route and the applicant has committed to water
for dust abatement on County Road 112.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to
federal, state and local environmental standards."
The processing area will be located west of and adjacent to County Road 99 Section with
the nearest residence approximately1600 feet to the north-north west on lands owned by
the applicant.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and
stone), in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The parcels are located on a ridge top with an overall
elevation change of approximately eighty(80) feet. The proposed use would be
compatible with surrounding properties which include rangeland, pasturing of cattle and
oil and gas facilities. The historic Sligo Cemetery is sited south of County Road 112 and
adjacent to the eastern property line of the parcel located in Section 31.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The surrounding property is primarily rangeland for the grazing of
cattle and oil and gas encumbrances.
Planning Staff believes that, with the endorsement of the Conditions of Approval,
contained in this recommendation, the approval of this use will not jeopardize the health,
safety and welfare of the surrounding property owners.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code. The proposal is not located within the Flood Hazard Overlay District area
as delineated on FIRM Community Panel Map #080266-0250C dated September 28,
1982 for the Floodplain. A Flood Hazard Development Permit is not required. Building
Permits issued on the property will be required to adhere to the following fees.
Effective April 25, 2011, Building Permits issued will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2011-2). (Department
of Planning Services)
Effective April 25, 2011, Building Permits issued will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The property to be
mined contains no"Prime" agricultural lands, thus, no prime farm land will be taken out of
production with this proposal. The subject site is primarily classified as "High Potential
Dry Cropland - Prime if irrigated" and "Other Land" as delineated on the Important
Farmlands of Weld County map, dated 1979. The land is presently utilized for the
grazing of livestock.
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 4
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed
through this application and the Development Standards will insure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Service's staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0029 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. County Road 99 is designated on the Weld County Road Classification Plan
as a section line road, which requires 60 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
5. County Road 112 is designated on the Weld County Road Classification Plan as
a local gravel road, which requires 60 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. All setbacks shall be measured from the edge
of future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County. (Department of Public
Works)
6. A vehicle traddrg control pad consisting of a double cattle guard will be required to
prevent tracking of material from your site in the way of mud or debris on to
Weld County Roads. This needs to be placed and shown on the plat drawing
across both lanes. (Department of Public Works)
7. Setbacks to the mining operation are measured from the right-of-way or future
right-of-way lines plus the standard setback of 20 feet in the agricultural zone
district. No structure will be allowed in the future right-of-way. (Department of
Planning Services)
8. Show the approved access on the plat and label it with the approved
access permit number (APtt). (Department of Public Works)
DIETZLER CONSTRUCTION CORPORATION, USR12-0029
PAGE 5
9. Should exterior lighting be a part of this facility, all light standards shall be
delineated on the USR Plat. (Department of Planning Services). (Department of
Planning Services)
10. Should signs be a part of this facility, all signs shall be delineated on the USR
Plat. (Department of Planning Services). (Department of Planning Services)
B. The applicant shall address the requirements of the Department of Public Works, as
stated in their referral response dated June 4, 2012. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
C. The applicant shall complete a Nonexclusive License Agreement for the Upgrade
and Maintenance of Weld County Road Right-of-Way. (No fee) (Department of Public
Works)
D. The applicant shall address the requirements of the Department of Building Inspection,
as stated in their referral response dated June 13, 2012. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
E. The applicant shall attempt to address the requirements of the Department of Public
Health and Environment, as stated in their referral response dated June 21, 2012.
Evidence of approval shall be submitted in writing to the Department of Planning
Services, specific to:
1. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Health and Environment to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. Alternately, the applicant can provide evidence from the Air
Pollution Control Division, Colorado Department of Health and Environment that
they are not subject to these requirements.
2. The applicant shall submit a spill prevention, spill control, and spill
countermeasures plan (SPCC Plan)to the Environmental Health Services
Division of the Weld County Department of Public Health & Environment.
(Department of Public Health and Environment)
F. The applicant shall provide written evidence of an agreement stipulating that the use of
the Halliburton Energy Services Inc., wells, permit numbers 74874-F, 74876-F, 74877-F,
74878-F may be utilized unrestricted for the term of the mining and reclamation permit for
the Pawnee Aggregate Mine. (Department of Planning Services)
G. The applicant shall submit a Private Improvements Agreement according to policy. The
applicant shall submit to the Department of Planning Services itemized bids for all
improvements for on and off site improvements. The agreement and form of collateral
shall be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the Use by Special Review plat. Or the applicant may submit evidence
that all the work has been completed and approved by County Staff. (Haul route)
(Department of Public Works)
H. The applicant shall address the requirements of the Office of the State Engineer, Division
of Water Resources, as stated in their referral response dated June 20, 2012. Evidence
of approval shall be submitted in writing to the Department of Planning Services.
(Division of Water Resources)
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 6
The applicant shall address how offsite drainage will be diverted around the site.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Works)
J. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets
for the proposed light standards to be utilized at the facility for review and approval.
(Department of Planning Services)
K. If signs are proposed the applicant shall submit a Sign Plan with sign structure
dimensions and all sign locations to be utilized at the facility for review and approval.
(Department of Planning Services)
L. The applicant shall submit written evidence that the Financial and Performance
warranty has been submitted and accepted by the Division of Mining Reclamation
and Safety. (Department of Planning Services)
2. Prior to construction:
A. Contact the Permitting/Inspection agent for Weld County Public Works for a Right-
of-Way permit for any work that may be required in the right-of-way. A special
transport permit will be required for any oversized or overweight vehicles that may
access the site and may also be obtained through the same office. (Department of
Public Works)
B. If more than 1 acre is to be disturbed for a scale and/or office facility, a grading permit
will be required prior to the start of construction. The grading permit application must
contain an erosion and sediment control plan, a grading plan, installation details of all
BMPs to be utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved COPHE stormwater permit. (Department of Public
Works)
C. A building permit is required for buildings and structures which require permits
before the beginning of construction. (Department of Building Inspection)
D. Buildings shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld
County: 2006 International Building Code; 2006 International Mechanical Code;
2006 International Plumbing Code; 2006 International Energy Code; 2006
International Fuel Gas code; 2011 National Electrical Code; 2003 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
4. The Special Review activity shall not occur nor shall any building permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
5. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk
and Recorder's Office within one hundred twenty (120) days of approval by the Board of County
Commissioners. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
DIETZLER CONSTRUCTION CORPORATION, USR12-0029
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dietzler Construction Corporation
Pawnee Aggregate Pit
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 8
USR12-0029
1. A Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and stone), in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
6. The applicant shall operate in accordance with the approved 'waste handling plan", at all times.
(Department of Public Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations(7 CCR 1101-14). (Department of Public Health and Environment)
8. Any vehicle washing areas shall capture all effluent and prevent discharges from drum washing
and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health
and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets and Bottled water are allowed in accordance with
Environmental Health Policy 2.2.K. as attached. (Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
13. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
DIETZLER CONSTRUCTION CORPORATION, USR12-0029
PAGE 9
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
15. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. If applicable, the applicant shall obtain a Colorado Discharge Permit System or CDPS permit from
the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control
Division. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
19. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Public
Health and Environment)
20. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of
Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify
the boundaries of the site. (Department of Planning Services)
23. Lighting provided for security and emergency night operation on the site shall be designed so that
the lighting will not adversely affect surrounding property owners. (Department of Planning
Services)
24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission
from the Weld County Board of County Commissioners. This restriction shall not apply to
operation of administrative and executive offices or repair and maintenance facilities located on
the property. (Department of Planning Services)
25. Existing vegetation and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to
protect against and/or reduce noise, dust, and erosion. (Department of Planning Services)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
27. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
28. The historic flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to fun-off rate and velocity increases, diversions, concentration and/or
pending of storm run-off. (Department of Public Works)
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 10
29. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public
Works)
30. Weld County is not responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
31. A building permit is required for buildings and structures which require permits before the
beginning of construction. (Department of Building Inspection)
32. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006
International Energy Code; 2006 International Fuel Gas code; 2011 National Electrical Code;
2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
33. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
34. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
35. Should human remains be discovered during mining activities, the requirements under State law
C.R.S. part 13 apply and must be followed. (Department of Planning Services)
36. The number of employees associated with the daily operations is limited to 5 persons per shift.
(Department of Planning Services)
37. The hours of operation are 7:00AM to 5:00PM Monday through Friday, May 1M through October
31"of any given year. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
41. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
42. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
43. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review
has not commenced from the date of approval or is discontinued for a period of three (3)
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 11
consecutive years, it shall be presumed inactive. The county shall initiate an administrative
hearing to consider whether to grant an extension of time to commence the use or revoke the
Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow
the procedures and requirements of Division 4 of the Weld County Code in order to reestablish
any Use by Special Review. (Department of Planning Services)
44. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
45. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
DIETZLER CONSTRUCTION CORPORATION,USR12-0029
PAGE 12
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
DIETZLER CONSTRUCTION CORPORATION, USR12-0029
PAGE 13
t861 DEPARTMENT OF PLANNING SERVI
1555 S 17th AVE
GREELEY, CO 80631
F - �1 WEBSITE:www.co.weld.co.us
`� i E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
Z- 0 U N T FAX: (970)304-6498
July 30, 2012
MICKEY LEBYA-FARNSWORTH
PATRICK ENGINEERING INC
1400 WEST 122ND AVENUE, SUITE 102
WESTMINSTER, CO 80234
Subject: USR12-0029 -A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING
(SANDS, GRAVELS AND STONES)AND MATERIALS PROCESSING [PAWNEE AGGREGATE MINE]
IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART NW4NE4 SECTION 31 AND PART S2SE4&SE4SW4 OF SECTION 30;All IN T10W, R60W OF
THE 6T" P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 21, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 19,
2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntvalan n i nacases.orq
If you have any questions concerning this matter, please call.
Respectfully,
' ^ Digitally n:signed then Kristine f Random
-1La_(IKJJf _ Reason: aged b author ofthis Ranslem document
Location:1555 N 17th Ave
Date:2012.07.30 09:36:08-06'00'
Kim Ogle
Planner
1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
I ,1 r t GREELEY, CO 80631
!r WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
' PHONE: (970) 353-6100, Ext. 3549
GOUN?? FAX: (970)304-6498
May 24, 2012
MICKEY LEBYA-FARNSWORTH
PATRICK ENGINEERING
1400 WEST 122ND AVENUE, SUITE 102
WESTMINSTER, CO 80234
Subject: USR12-0029-A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING
(SANDS, GRAVELS AND STONES)AND MATERIALS PROCESSING [PAWNEE AGGREGATE MINE]
IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
NW4NE4 SECTION 31, T10N, R60W of the 6th P.M.,Weld County, Colorado.
S2SE4&SE4SW4 SECTION 30, T10N, R60W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully.
^ Digitally signed by Kristine Ranslem
(}NQ/II,K,JL. Reason:lam the author of this document
Location:1555 N 17th Ave
Date:2012.05.24 15:56:55-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date : June 2012
Case Number: USR12-0029
Applicant: Daniel Dietzler, Dietzler Construction Corporation
Request: A Site Specific Development Plan and Special Review Permit for a Mineral
Resource Development including Open Pit Mining (sand, gravel and stone), and
Materials Processing in the A (Agricultural) Zone District
Legal Description : NW4NE4 Section 31 and S2SE4 & SE4SW4 Section 30 T10N , R60W of the 6th
P. M Weld County, Colorado
Location : North and South of and adjacent to County Road 112 , approximately 1 . 5 miles
East of County Road 95
Size of Parcel : 160 acres +/- Parcel Number: 0289-31 -0-00-005 & 0289-30-0-00-004
Zoning Land Use
N Agriculture N Dryland Agriculture/ Rangeland
E Agriculture E Dryland Agriculture/ Rangeland
S Agriculture S Dryland Agriculture/ Rangeland
W Agriculture W Dryland Agriculture/ Rangeland
Residential Agrarian property
Comments:
The surrounding properties include rangeland , pasturing of cattle and oil and gas facilities. The historic
Sligo Cemetery is sited south of County Road 112 and adjacent to the eastern property line of the parcel
located in Section 31 . The escarpment has gravel at the surface throughout the site with limited
vegetative cover.
Access is off of County Road 99 Section Line into the mine site. County Road 99 slopes to the south
from lower lands to the north . At the intersection of County Road 99 and 112 is the high point with the
land form sloping off to the east, and topography to the south is relatively flat before sloping to the south .
The land form to the west remains flat then slopes off fairly quickly. The land form for a majority of the
area is the plateau .
Limited utilities are in the immediate area. The temporary water depot north of the site is operated by
electric power with back-up generator.
aL
Sign
❑ Access to Property ❑ Topography ❑ Site Distance
Note any commercial business/commercial vehicles that are operating from the site.
No business operations are occurring on site
Hello