HomeMy WebLinkAbout20231491.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0018, FOR OPEN MINING (SAND, GRAVEL AND STONE),
EMPLOYEE AND EQUIPMENT PARKING ASSOCIATED WITH OPERATIONS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES, IN THE
A (AGRICULTURAL) ZONE DISTRICT - LOVELAND READY -MIX CONCRETE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
June, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Loveland Ready -Mix Concrete, Inc., 644 North Namaqua Avenue, Loveland,
Colorado 80539, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0018, for Open Mining (sand, gravel and stone), employee and equipment parking
associated with operations outside of subdivisions and historic townsites, in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Part of the NE1/4 of Section 3, Township 4 North,
and part of the SE1/4 of Section 34,
Township 5 North, all in Range 67 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing on June 7, 2023, the Board heard all of the testimony and
statements of those present and reviewed the request of staff for a continuance and, having been
fully informed, deemed it advisable to continue the matter to September 6, 2023, at 10:00 a.m.,
to allow Loveland Ready -Mix Concrete, Inc., adequate time to perform a Traffic Impact Study on
a newly proposed haul route, as well as time for staff to review, and
WHEREAS, on September 6, 2023, the Board heard all of the testimony and statements
of those present and reviewed the request of the applicant for a continuance and, having been
fully informed, deemed it advisable to continue the matter to January 10, 2024, at 10:00 a.m., to
allow Loveland Ready -Mix Concrete, Inc., additional time to submit a Traffic Impact Study (TIS)
to Weld County, and allow for the review of said TIS by staff, the Towns of Johnstown and Milliken,
and the Colorado Department of Transportation, and
WHEREAS, on January 10, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant for a continuance and, having been fully
informed deemed it advisable to continue the matter to February 28, 2024, at 10:00 a.m., to allow
Loveland Ready -Mix Concrete, Inc., additional time to review the comments from Weld County,
the Towns of Johnstown and Milliken, and the Colorado Department of Transportation regarding
the Traffic Impact Study (TIS), and
WHEREAS, at said hearing on February 28, 2024, the applicants were present and
represented by Walt Niccoli, Telesto Solutions, Inc., 750 14th Street SW, Loveland, Colorado
80537, and
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WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-60. B states: "Support responsible energy and mineral
development." Subsection 22-2-60.B.1 states: "Ensure that surface
development reasonably accommodates mineral extraction." The
County recognizes that mineral resource extraction is an essential
industry. The availability and cost of materials, such as sand and
gravel, have an effect on the successfulness of general
construction, County roads, and regional highway construction
industries. The agricultural land associated with the surface estate
is underlain with a known viable aggregate deposit. With the
completion of mining, the site will be reclaimed with developed
restoration and enhancement of wildlife habitat, groundwater
sourced ponds, and on -going oil and gas facilities associated with
production well head sites. Commercial mineral deposits known to
be located in the County include sand and gravel, coal, and
uranium. High -quality sand and gravel deposits in the County are
found along major drainage ways. According to the Weld County
Sand and Gravel Resources map, dated July 1, 1975, the mine area
is classified as Coarse Aggregates (1) Gravel: relatively clean and
sound.
2) Section 22-2-60.6.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exist or can be made available, prior
to development of energy and mineral resource production
facilities." To address impact to the area roads, the Department of
Planning Services — Development Review is requesting the specific
haul route to be outlined in the Conditions of Approval and
Development Standards. An Improvements and Road Maintenance
Agreement is required for off -site improvements at this location.
Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall
include provisions addressing engineering requirements,
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submission of collateral, and testing and approval of completed
improvements. The Improvements and Road Maintenance
Agreement is a Condition of Approval, to be accepted by the Board
of County Commissioners, prior to recording the USR map.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.R allows for Open Mining (sand, gravel, stone),
subject to the additional requirements of Article IV, Division 4, of the
Weld County Code, through a Use by Special Review, outside of
subdivisions and historic townsites. Also included are mobile mining
equipment parking and storage, and employee parking.
2) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land
uses."
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The use is consistent with the
intent of the district in which the site is located. The site's property parcels
are zoned A (Agricultural). The proposed project is listed as an aggregate
mine, permitted in the A (Agricultural) Zone District, as detailed in this Use
by Special Review permit application, and in the Weld County Code.
1) Chapter 22, Comprehensive Plan, Appendix 22-C — Right to Extract
Mineral Resources Statement, states: "Weld County has some of
the most abundant mineral resources, including, but not limited to,
sand and gravel, oil, natural gas, and coal. Under Title 34 of the
Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the
state's economy; (b) the populous counties of the state face a
critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculate to avoid waste of
such deposits and cause the least practicable disruption of the
ecology and quality of life of the citizens of the populous counties
of the state. Mineral resource locations are widespread throughout
the County and people moving into these areas must recognize the
various impacts associated with this development. Often, mineral
resource sites are fixed to their geographical and geophysical
locations. Moreover, these resources are protected property rights
and mineral owners should be afforded the opportunity to extract
the mineral resource."
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2) Section 22-2-10 — Guiding principles
a. Respecting Our Agricultural Heritage. The Project will not
infringe on agricultural production in the area. The proposed
mine site is currently used for grazing.
b. Respecting Private Property Rights. Loveland Ready Mix
has a right to mine the aggregate on its property for use in
the community. The applicant has taken into consideration
the rights of all neighboring properties, with the intent of
minimizing impacts.
c. Promoting Economic Growth and Stability. Allowing local
aggregate mining will help provide construction material that
is in high demand, without the increased costs of
transportation.
d. Protecting the Health, Safety, and General Welfare.
Loveland Ready Mix is studying groundwater impacts, water
quality impacts, changes to the flood zone, noise impacts,
and air quality impacts associated with the project, in order
to implement the proper best management practices for
minimizing effects to the community. Additionally, Loveland
Ready Mix is going beyond the requirements of the
Department of Reclamation, Mining and Safety (DRMS), the
Colorado Department of Public Health and Environment
(CDPHE), and other regulatory agencies, by taking into
consideration concerns from the community, through
actions such as voluntary community meetings.
Zoning in the area surrounding the site is primarily in the
A (Agricultural) Zone District. There are several residences within
the vicinity of the site. One (1) residential property is directly
adjacent to the southwestern corner of the property. The Mad
Russian residential development and golf course are located to the
north of the project site, separated by the railroad easement. There
are five (5) residential lots on the south side of
County Road (CR) 48.5, and one (1) residential property east of
State Highway 257, directly across from the site.
In addition to agricultural uses, there is aggregate mining, oil and
gas development, and rural residential uses near the site. There are
multiple Use by Special Review (USR) permits within one (1) mile
of the site, including aggregate mining. Lands located north of the
mine site are permitted for an Airstrip (USR-1081), and a Feedlot
(SUP -76), and immediately near the vicinity, across the Union
Pacific railroad track, is the Mad Russian Golf Course (CUP -52).
To the west are a 230kV Transmission Line (USR-823), and
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a 16 -inch natural gas pipeline (USR-1706). Permitted land uses
within one (1) mile to the south include: USR-1277, for Herbal
products and processing business; USR-1142, for the Leahy
Recreational Facility; and SUP -222, for the Sweet Gold Spray
Ponds.
There are nine (9) residences within 500 feet of the mine site, with
the five (5) nearest residences being immediately adjacent to the
USR/DRMS permit boundary, south of County Road 48.5. There
are 58 residences within 1,000 feet of the mine site and
over 825 residences located one (1) mile from the proposed
USR/DRMS permit boundary.
The Weld County Department of Planning Services sent notice
to 34 surrounding property owners (SPOs) within 500 feet of the
site. Planning staff received several letters of correspondence,
dated March 26, 2022, and June 15, 2021, prior to accepting the
land use application that had been sent to the State as part of the
DRMS review process. As the term for the review had concluded
with the State, these letters were forwarded to Weld County and
have been included in the case file. The letters outline concerns
about additional traffic on area roads, decline in property values, air
pollution caused by dust, damage to area roads, and the creation
of crystalline silica, resulting in Silicosis, a cancer -causing lung
ailment. Planning staff received three (3) telephone calls from
interested persons, all within the Mad Russian Subdivision, with
questions regarding the application, the referral process and how
they may be more involved in the land use process.
Planning staff sent notice of the pending Planning Commission
hearing and received 36 letters in opposition to the permit request
from SPOs, with 33 letters submitted in 2021. Additional letters
were received in 2022 and 2023, from Steve Kelly, dated
October 2022, Shelia Grotzky, dated November 2022, and Mica
Garrett, dated January 2023. The applicant has been in contact with
the SPOs. The applicant conducted face-to-face interactions with
adjacent property owners through the State permitting process and
continues to meet with area residents.
The Conditions of Approval require that the applicant submit an
accepted Communications Plan, Emergency Action and Safety
Plan, an accepted Improvements and Road Maintenance
Agreement (for roads and traffic), an accepted Final Drainage Plan
and an Access Permit for CR 48.5. The Noise Abatement Plan has
been submitted and reviewed. The Department of Public Health and
Environment, in their referral dated July 28, 2022, stated noise is
restricted to the level allowed in the Industrial Zone District and
noise levels are measured 25 feet from the property line. The
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application contains a Noise Evaluation, conducted by
Telesto Solutions, Inc., which indicates the industrial level can be
met 25 feet from property boundary. The evaluation states: "The
sound levels generated from the topsoil removal activities, prior to
the mining operations, are predicted to be below industrial noise
limits at the residential property lines and, additionally, will meet
residential and commercial noise standards of 55 dBA. The sound
levels generated from mining and hauling operations, at the
adjacent residential and commercial lots, are predicted to be below
residential noise limits, without mitigation. Adherence to the noise
modeling report is required."
The Dust Abatement Plan has been submitted and reviewed. The
Department of Public Health and Environment, in their referral
dated July 28, 2022, stated a Dust Abatement Plan was submitted
and adherence to that plan is required. Alluvial groundwater is the
planned water supply. The Dust Abatement Plan indicates water
will be applied to the haul roads, stockpiles will be compacted,
topsoil piles will be revegetated, and mining will be phased, which
will limit the overall mine surface to five (5) acre increments. An Air
Emission Permits (APEN) from the State is required, and will
address dust control for mining operations, haul roads, and any
sand and gravel processing equipment. The application indicates
an APEN has been submitted to the State. The Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.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 proposed mine is located three (3) miles from the City of Greeley and
is located outside of their Long Range Expected Growth Area, yet is
identified as parklands and open space, per the 2060 Comprehensive
Plan — Land Use Guidance Map, dated May 2005. The Town of Johnstown
Area 2006 Comprehensive Plan — Land Use Framework Plan designates
this site to be outside of their Growth Management Area Boundary. The
Town of Milliken 2015 Comprehensive Plan — Framework Plan designates
this area as Greenway. The site is also located with the Intergovernmental
Agreement Area (IGA) for the Towns of Johnstown and Milliken. A signed
Notice of Inquiry (NOI) form was received from the Town of Milliken on
May 16, 2022, indicating they would be interested in an annexation
agreement or a pre -annexation agreement. A NOI was not returned from
the Town of Johnstown. Referral comments received from the City of
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Greeley, dated July 15, 2022, stated the subject site is located outside of
Greeley's Long Range Expected Growth Area (LREGA) and they have no
comments on the project.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Greeley -Weld County Airport, Geohazard Development Area, the
Municipal Separate Storm Sewer Systems (MS4) defined boundary, the
Historic Townsites, or the Agricultural Heritage Overlay Districts.
Floodplain Hazard Development Permit, FHDP21-0024, was issued for
overburden and aggregate removal, access road, temporary stockpiles and
a new bridge. The results of the HEC RAS model show there will be a
decrease in the Base Flood Elevation (BFE), up to -1.32 feet. Due to this
decrease in the BFE, a Letter of Map Revision (LOMR) will be required.
The LOMR shall be submitted to the Department of Planning Services
within six (6) months of reclamation.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed mine site is located on 105.02 acres of "Prime farmland
if drained," and either protected from flooding or not frequently flooded,
during the growing season, 2.96 acres of Farmland of Local Importance,
and 6.02 acres of river corridor, per the NRCS Soil Survey for Weld County.
Post mining, the land will be reclaimed back to wildlife habitat with
groundwater sourced ponds. There is less than three (3) acres of Farmland
of Local Importance, and the property contains a commercial mineral
deposit, which state statutes say must be protected from development. The
Weld County Comprehensive Plan also protects these lands from uses
interfering with extraction of sand and gravel. Mineral extraction will provide
economic revenues for Weld County from the land and will not interfere
with the agricultural productivity of surrounding properties. Colorado
Revised Statutes provides for the extraction of mineable resources, prior
to surface development.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The haul route will be west on County Road (CR) 48.5 to CR 17,
north on CR 17 to CR 54, west on CR 54 to CR 13, and south on CR 13 to
the approved access into the Loveland Ready Mix plant, permitted under
2MUSR17-01-1329. The return route will be north on CR 13, east on
CR 54, south on CR 17, and east on CR 48.5 to the access of the mine.
This route includes a residential area in Johnstown, an unarmed Great
Western Railway crossing on CR 48.5, an intersection with safety
concerns, and one (1) intersection that will be upgraded to a round -about
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(CR 54 at CR 13). Safety concerns exist with this haul route, but
improvements are required to help mitigate concerns.
The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval
and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Loveland Ready -Mix Concrete, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0018, for Open Mining (sand,
gravel and stone), employee and equipment parking associated with operations outside of
subdivisions and historic townsites, in the A (Agricultural) Zone District, on the parcel of land
described above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for
upfront and triggered off -site improvements at this location. The safety
improvements and road maintenance include, but are not limited to:
1) Paving and widening County Road (CR) 48.5 from 50 feet east of
the site access, west through the intersection with CR 17. All
improvements would be required to meet a Weld County approved
standard.
2) Upgrade and install the bridge rail on CR 48.5 as more fully
described in the Improvements Agreement.
3) Design and construct a southbound, left turn, deceleration lane on
CR 17 at CR 48.5.
4) Design and construct a northbound, right acceleration lane on
CR 17 at CR 48.5.
5) Install a Conflict Warning System at the intersection of CR 17 and
CR 50, on all three legs.
6) Triggered auxiliary lanes on CR 48.5 at the site access.
7) Road maintenance includes, but is not limited to, dust control and
damage repair to the specified haul route. The Agreement shall
include provisions addressing engineering requirements,
submission of collateral and testing and approval of completed
improvements.
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B. The applicant shall enter into an Improvements Agreement with the Town
of Johnstown for safety improvements. The safety improvements shall
include, but are not limited to:
1) Paving and widening County Road 48.5, from Johnstown town
limits, west through the intersection with CR 17. These
improvements would be required to meet the Town of Johnstown's
approved standards.
2) Improve the safety of the Great Western Railroad crossing at CR
48.5 with warning lights and arms, other signage and pavement
markings, all approved and based on design requirements by Great
Western Railroad and the Town of Johnstown.
3) Design and construct a westbound, right -turn, deceleration lane on
CR 48.5 at CR 17.
4) Install a traffic signal, per the referral from the Town of Johnstown,
dated December 7, 2023.
C. The applicant shall attempt to address the concerns of the Colorado
Division of Water Resources, as stated in the referral, dated August 8,
2022, specific to the approved Substitute Water Supply Plan. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
D. The applicant shall acknowledge the requirements of the State of Colorado
Parks and Wildlife, as stated in the referral response, dated July 28, 2022.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall submit the State -approved Extraction Plan Map, as
submitted to the DRMS, with required information delineated, per
Chapter 23, Article IV, Section 23-4-270.A and B of the Weld County Code.
F. The applicant shall submit the Reclamation Plans, as approved by the
State of Colorado Mined Land Reclamation Board, per Chapter 23,
Article IV, Section 23-4-280.A of the Weld County Code.
G. The applicant shall submit supporting documents, as outlined in
Section 23 -4 -280.B -D of the Weld County Code, addressing the protection
of the health, safety, and welfare of the inhabitants of the County.
H. The applicant shall submit a Communication Plan, for review and
acceptance by the Department of Planning Services.
I. The applicant shall acknowledge the requirements of Front Range Fire
Rescue, as stated in the referral response, dated August 9, 2022. Written
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evidence of such shall be submitted to the Weld County Department of
Planning Services.
J. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0018.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
5) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
8) The applicant shall show the accepted Landscape and Screening
Plan, addressing visual mitigation.
9) The County -maintained portion of CR 48.5 is a gravel road and is
designated on the Weld County Functional Classification Map as a
local road, which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label the future and existing
right-of-way (along with the documents creating the existing
right of -way) and the physical location of the road on the site map
or plat. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
10) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way for State Highway 257 on the
plat, along with the documents creating the right-of-way.
11) The applicant shall show and label the access type location onto
CR 48.5, approved access width, and the appropriate turning radii
on the site plan.
12) The applicant shall show and label the required tracking control.
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13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall
submit one (1) electronic copy (.pdf) of the map for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the
map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be
recorded in the office of the Weld County Clerk and Recorder by the
Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be
submitted within 120 days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map
not be recorded within the specified timeline from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance fee
shall be added for each additional three (3) month period.
4. Prior to Construction:
A. The applicant/miner is required to submit a complete access
application for a "preliminarily approved" access location, as shown
on the USR map.
B. If more than one (1) acre is to be disturbed for construction of
non -gravel pit items, such as structures, parking lots, laydown yards
et cetera, a Weld County Grading Permit will be required.
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C. A Construction Stormwater Permit is also required from the State
for disturbing more than on (1) acre. Contact: Colorado Department
of Public Health and Environment, Water Quality Control Division.
D. Tracking control is required to prevent tracking from the site
onto public roadways. This site requires double cattle guards
and 100 feet of asphalt or 300 feet of asphalt.
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan
with the Office of Emergency Management and the Fire District. The
plan shall be reviewed on an annual basis by the Facility operator,
the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of
Planning Services.
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the
Colorado Division of Reclamation, Mining and Safety.
6. The Use by Special Review is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall
any Building or Electrical permits be issued on the property, until the Use
by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early
release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: ddtito„Weld County Clerkto the Board
rn .001A.10;
Deputy Clerk to the Board
VED AS
County At •rney
y I
Date of signature:
Kevin D. Ross, Chair
erry L. BucPro-Tern
Mike, reeman
K. James
sine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOVELAND READY -MIX CONCRETE, INC.
USR22-001 8
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0018, is for
Open Mining (sand, gravel and stone), employee and equipment parking associated with
operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Dunn Pit operational hours are 7:00 a.m. to 5:00 p.m., Monday through Friday, with
aggregate hauling occurring from 7:30 a.m. to 4:30 p.m., Monday through Friday.
4. All permitted operations shall be conducted during the hours of daylight except in the case
of a declared emergency disaster by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night
operations," when they take place between the hours of one hour after sundown to one
hour before sunrise. Depending on the request of the jurisdiction, night operations could
occur seven (7) days per week. When the operator becomes aware of projects that require
night operations, they will email the Director of the Weld County Department of Planning
Services to let him/her know about the plans to operate outside of daylight hours, who the
project is for, how long it will be occurring, and where the materials are being delivered.
5. The mine shall remain in compliance with the County Open Mining requirements, per
Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
6. The mine shall remain in compliance with the approved Colorado Division of Reclamation,
Mining and Safety, 112c Permit, #M2021-059.
7 Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR permit.
8. The number of on -site employees shall be up to six (6), including two (2) equipment
operators and four (4) truck drivers.
9. The parking area for mine equipment and employees on the site shall be maintained.
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
11. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
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adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
13. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on, or before, March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
14. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
16. Weld County will not replace overlapping easements located within existing right-of-way
or pay to relocate existing utilities within the existing County right-of-way.
17. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
18. Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location, as shown on
the plat.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
22. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
23. Approved Haul Route outbound from the Dunn Pit is west on CR 48.5 to CR 17, north on
CR 17 to CR 54, west on CR 54 to CR 13, and south on CR 13 to the approved access
into the Loveland Ready Mix plant, permitted under 2MUSR17-01-1329. Approved
inbound haul route is from the approved access of the Loveland Ready Mix plant, north
on CR 13 to CR 54, east on CR 54 to CR 17, south on CR 17 to CR 48.5, and east on CR
48.5 to the approved access drive for the Dunn Pit.
24. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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25. 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, C.R.S. §30-20-100.5.
26. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
27. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
28. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
29. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Evaluation Report.
30. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
31. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes, as applicable.
32. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
33. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
34. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
35. If applicable, the operation shall obtain a Stormwater or other Discharge Permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
36. All chemicals must be handled in a safe manner, in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
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37. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
38. The operation shall comply with the Mine Safety and Health Act (MSHA).
39. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
40. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
41. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Maps #08123C -1682F and 1701F, issue date
September 17, 2022, and Panel Maps #08123C -1684F and 1703F, issue date March 23,
2022 (Big Thompson River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
42. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
43. If at all possible, place the berms parallel to the flow of floodwaters.
44. Floodplain Development Permit, #FHDP21-0024, was issued for overburden and
aggregate removal, access road, temporary stockpiles and a new bridge. The results of
the HEC RAS model show that there will be a decrease in the Base Flood Elevation (BFE),
up to -1.32 feet. Due to this decrease in the BFE, a Letter of Map Revision (LOMR) will be
required. The LOMR shall be submitted to the Department of Planning Services within
six (6) months of reclamation.
45. All transient equipment, including temporary structures and portable toilets, shall be
anchored.
46. Any fencing on the property must allow the flow of floodwaters either through or under the
fence.
47. The installation of any septic system within the 100 -year floodplain shall comply with the
Weld County OWTS Floodplain Policy.
48. Building Permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
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requirements of the various Codes adopted at the time of permit application. Currently,
the following have been adopted by Weld County: 2018 International Building Codes,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review
shall be approved, and a permit must be issued, prior to the start of construction.
49. Necessary personnel from the Weld County Departments of Planning Services,
Development Review, 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.
50. The Use by 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.
51. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
52. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
53. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
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54. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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