HomeMy WebLinkAbout20242998.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0016, FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING
OF MINERALS, INCLUDING THE IMPORT AND EXPORT OF MATERIALS TO/FROM
OTHER SITES, RECYCLE CRUSHING AREA, DRY AND WET SCREENS, CRUSHERS,
CONVEYORS AND STACKER, PORTABLE GENERATORS, MOBILE MINING
EQUIPMENT PARKING AND STORAGE, EMPLOYEE AND VENDOR PARKING,
A MINE OFFICE/SCALE HOUSE, AND SCALE, IN THE 1-3 (HEAVY INDUSTRIAL)
ZONE DISTRICT- SUNSET INDUSTRIAL, LLC
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 20th day of
November, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Sunset Industrial, LLC, 105 Coronado Court, Unit A-101, Fort Collins,
Colorado 80525, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0016, for Open Mining (sand and gravel) and processing of minerals, including the import
and export of materials to/from other sites, recycle crushing area, dry and wet screens, crushers,
conveyors and stacker, portable generators, mobile mining equipment parking and storage,
employee and vendor parking, a mine office/scale house, and scale, in the 1-3 (Heavy Industrial)
Zone District, on the following described real estate, being more particularly described as follows:
Lot 1 of Resubdivision, RES24-0001; being part
of the W1/2 of Section 3, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by J. C. York, J & T Consulting,
Inc., 305 Denver Avenue, Suite D, Fort Lupton, Colorado 80621, and
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.
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1) Section 22-2-60.B states: "Support responsible energy and mineral
development." Sunset Industrial Pit is a mining operation for sand
and gravel in the 1-3 (Heavy Industrial) Zone District. The State of
Colorado Division of Reclamation, Mining, and Safety (DRMS) is
reviewing this mining operation under Permit #M2023-001.
The 85.14 acres that compose the Sunset Industrial Pit will be
mined over 12 years, in two (2) phases. Phase one (1) is a majority
of the site, about 53 acres, and Phase 2 is about 18 acres.
Reclamation will progress concurrently with the mining activity as
each phase is completed. Annual production is expected to
be 650,000 tons, per year, depending on market demands.
Jurisdictional wetlands were not found on the site, per the
jurisdictional determination provided by the U.S. Army Corps of
Engineers Approved Jurisdictional Determination - Corps File No.
NWO-2022-01381, dated October 28, 2022.
2) Section 22-2-60.B.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."
The site is located north of, and adjacent to, East 8th Street and is
west of, and adjacent to, the Greeley -Weld County Airport. The
Cache Is Poudre River is approximately 700 feet to the south, south
of East 8th Street, and the Federal Emergency Management
Agency (FEMA) floodplain maps show that the southern half of the
site is in the 100 -year floodplain. The ingress and egress for the
aggregate processing facility is located on East 8th Street. The
traffic on the site includes passenger cars and pickups, tandem
trucks, semi -truck and trailers, and mechanical trucks, and fuel
trucks. On any given day the passenger cars and pickups will make
20 trips, the tandem trucks will make 50 trips, the semi -trucks and
trailers will make 200 trips, and the mechanical trucks and fuel
trucks will make five (5) trips. The aggregate material will be
recovered using equipment typical for sand and gravel mining
operations, which includes, but is not limited to, screens, crushers,
conveyors, stackers, dozers, loaders, scrapers, excavators,
compactors, dewatering pumps, electrical trailer, generator trailer,
and small portable generators. During mining and reclamation
activities, watering dust abatement will consist of utilizing a water
truck with water provided from the dewatering of the pit. No
explosives or blasting is required. The County recognizes 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 and county road and
regional highway construction industries.
3) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
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on surrounding land and the existing surrounding land uses."
Excavation and processing of sand and gravel will be a minimum of
ten (10) feet from the boundary of adjacent properties, easements,
irrigation ditches, and rights -of -way, and a minimum of 125 feet
from any existing residence. The closest residence is approximately
200 feet south of the south property line. An opaque Screening Plan
along the southern property line is a Condition of Approval. The
structures and infrastructure surrounding the site include a sanitary
sewer line, water line, fence, fiber line, roadway, bridge/ditch,
structure, power poles and lines, building, lift station, telephone
lines, and oil/gas equipment, primarily along the south and west
property lines. The setback from the south will be 28 feet, the
setback from west will be 31 feet, and the setback from the lift
station will be 40 feet. According to the Weld County Sand and
Gravel Resources map, dated July 1, 1975, the property is
classified as Terrace -Stream deposits, which are older stream
deposits now preserved as benches, flanking present stream
courses. Smaller, less district terraces are included with valley -fill
deposits. These deposits contain significant silt, clay, incompetent
rock and/or calcium carbonate. Topsoil will be placed to finalize the
grading such that seeding can occur. The topsoil will be placed at
all disturbed areas, and on the mining slope, to an elevation
matching the expected reservoir water level. Reclamation will
progress concurrently with the mining activity as each phase is
completed. Upon completion of mining, the site will be reclaimed as
two (2) lined water storage reservoirs.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the 1-3 (Heavy Industrial) Zone District. The subject property is zoned 1-3
(Heavy Industrial) and the proposed project is listed as an aggregate mine,
permitted in the 1-3 (Heavy Industrial) Zone District, as detailed in this Use
by Special Review permit application, and in the Weld County Code. Weld
County Code Chapter 23, Article III, Division 4, Section 23-3-330.A states,
"The purpose of the 1-3 (Heavy Industrial) Zone District is to provide a zone
to accommodate industrial uses that require larger amounts of space, are
more resource -intensive than light industrial, and have limited public
access. Properties zoned 1-3 (Heavy Industrial) Zone District should be
located near transportation infrastructure such as highways, railroads, or
airports."
1) Section 23-3-330.F.7 provides a Site Specific Development Plan
and Use by Special Review Permit for Open Mining and processing
of minerals. The setbacks from the north and east property lines will
be 11 feet. Section 23-4-290.A states the setback shall be ten (10)
feet, or greater from property lines and at least 125 feet to any
existing residence, unless the owner of the adjacent property
consents, in writing, to a lesser distance. The closest residence is
approximately 200 feet south of the southern property line.
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According to the Oil and Gas Energy Department referral response
dated July 16, 2024, there are two (2) plugged and abandoned (PA)
wells. Extraction owns well Fairmeadows #11-3 (05-123-13585)
and Kerr-McGee Oil and Gas Onshore owns the well identified as
Fairmeadows #12-3 (05-123-13058). These oil and gas wells will
be removed from the site prior to mining operations. There will be
portable toilets on the site and the night watchman's/caretaker
residence is served by a septic system. Bottled water will be utilized
for employees.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing, surrounding land uses. The surrounding parcels are
zoned 1-3 (Heavy Industrial) to the south and 1-3 (Heavy Industrial) and
A (Agricultural) to west. The Greeley -Weld County Airport is adjacent to the
site on the north and east boundaries. According to the City of Greeley's
Zoning Map the Airport and the properties to the south of the subject site
are zoned 1-M (Industrial Medium Intensity). There is a five (5) -acre lot
zoned 1-3 (Heavy Industrial) in Weld County. Land uses surrounding the
subject property include the Greeley -Weld County Airport on the adjacent
lands to the north and east, pasture and two (2) rural residences with some
outbuildings on the south side of East 8th Street, and vacant land to the
west. Besides the airport the other industrial uses in the vicinity include
Bliss Business and Industrial Park to the southeast of the site and
Andersen's Sales and Salvage to the southwest of the site. There are 24
USRs issued in the A (Agricultural) Zone District within one (1) mile of the
site. USR18-0070, for an accessory building; USR-1726, for an accessory
parking and home business; USR-1097, for an art gallery; USR-981, for
electrical transmission lines 115 kV; SUP -434, for farm equipment sales
and repair; SUP-345AM, for gravel mining; USR-834, for a home business;
USR17-0066, for two (2) home businesses; and USR-1760, USR14-0023,
2MUSR16-85-690, and 2MJUSR19-08-1660, for mineral resource
development facilities. USR-1089, USR-623, USR-679, and USR-717, for
oil and gas production facilities; USR-646, for oil drilling; USR-755, for
plastic products manufacturing; USR-503, for sales of cemetery
monuments; 1MJUSR23-22-0027, fora solar energy facility, USR21-0007,
for a solar facility; USR-964, for storage of vehicles; USR-1106, for trash
business trucks and containers; USR15-0009, for a trucking company and
storage; and USR-926, for RV storage.
There are six (6) Site Plan Reviews (SPRs) within one (1) mile of the site.
These SPRs are located on properties zoned commercial or industrial.
These SPRs include 1AMSPR19-14-0007, Kinsey Trucking Company;
1AMSPR24-85-48, Buckeye Welding; SPR16-0010, Hill Industries;
SPR-439, Basic Energy Service; SPR20-0012, Derr Brothers Grading Inc.;
and SPR-232, for the manufacturing of feed boxes. The Weld County
Department of Planning Services sent notice to 80 surrounding property
owners (SPOs) and in return received one (1) letter of correspondence,
which outlines concerns about increased traffic on East 8th Street, noise
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from generators and crushers and screeners, air pollution, and the
possibility of the residential wells going dry. The applicant was provided the
letter from the SPO and submitted a response, dated October 23, 2024.
The applicant has submitted a Reclamation Plan and a Communication
Plan. The Conditions of Approval require a Screening Plan and road
improvements to East 8th Street, as stated by the City of Greeley, and
intersection improvements at the State Highway 85 intersection, as
required by CDOT, to ensure safety to the travelling public. Development
Standards for dust, light, and wildlife mitigation, per the Federal Aviation
Administration (FAA), are also included. The proposed use is in an area
that can support this development and 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 site is located within the three (3) mile referral area of
the Towns of Kersey and Garden City and the Cities of Evans and Greeley.
The Towns of Kersey and Garden City did not respond with referral agency
comments. The City of Evans submitted referral agency comments dated
July 30, 2024, stating no concerns. The City of Greeley submitted referral
agency comments dated August 7, 2024, that request a haul route, a Public
Space Permit, a complete Transportation Base Assumptions form, and a
Roadway Maintenance Agreement. The City of Greeley also had questions
about how the slurry walls and the dewatering would affect the Ogilvy Ditch
and included information about a nature trail that is proposed to travel
north/south through the subject site. A Traffic Impact Study (TIS) was
submitted on October 11, 2024, and responses to the City of Greeley's
concerns were submitted on October 28, 2024. The applicant changed the
location of the access point in response to the City of Greeley's comments,
and there in an ongoing conversation between the City of Greeley and the
applicant concerning road improvements, including speed limits. The site
is located within the Coordinated Planning Agreement (CPA) area for the
City of Evans and the Town of Kersey, both of which submitted Notice of
Inquiry forms stating they have no interest in annexation. The land use
designation, as indicated in the City of Greeley's Imagine Greeley,
Comprehensive Plan dated, February 6, 2018, is shown as Employment,
Industrial, Commercial and Greeley -Weld Airport. Chapter 4, the Growth
Framework portion of Imagine Greeley, defines Employment, Industrial,
and Commercial as areas with a range of densities dedicated to industrial,
manufacturing, office parks, research and development, distribution, and
logistics centers. The other land use designation is the Greeley -Weld
Airport, which is a general aviation airport jointly owned by the City of
Greeley and Weld County. The airport area includes daily operations for
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the airport, a restaurant, and a mix of industrial uses. One (1) unique use
of the area is the Greeley Air National Guard Base where over 300 military
and civilian personnel are stationed. Employment area street patterns vary
by location and East 8th Street and Fern Avenue provide access to the
airport, both of which carry a high volume of vehicles, including oversized
trucks.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located within the
A -P (Airport) Overlay District, Special Flood Hazard Area, and Historic
Townsite Overlay Districts. The site is not located within Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area. The
Greeley -Weld County Airport submitted referral agency comments, dated
August 8, 2024, which included several conditions. The Airport is
concerned about the vertical height of improvements on the site, dust
emissions and light pollution that may interfere with pilot visibility, and
wildlife hazards for pilots and aircraft. The airport is requesting an
Aeronautical Study for all vertical improvements, strict compliance with the
Dust Control Plan, and shielded lighting for night operations. The referral
stated the wildlife that will be attracted to the water storage, post
reclamation, will be hazardous to aircrafts. The Airport is requiring wildlife
mitigating measures that may include wires surrounding the water, regular
harassment, or other methods, as determined by a professional Wildlife
Biologist. The Airport has also indicated that they have concerns about
traffic on East 8th Street. The Greeley -Weld County Airport is in the
process of becoming a commercial airport and has applied to obtain Part
139 certification. The FAA submitted referral agency comments dated
November 1, 2024, which stated the proximity of the gravel pit should not
prohibit the airport from obtaining their Part 139 certification and that a
Wildlife Hazard Management Plan should be developed. Specifically, the
FAA stated that ponds that result from mining activities often attract large
numbers of potentially hazardous wildlife. Development of new open water
facilities within 10,000 feet of an airport should be avoided to prevent
wildlife attractants. If the water features are necessary, the gravel pit
company should develop a Wildlife Hazard Management Plan, in
coordination with the airport, to ensure a safe airport environment. The FAA
recommends these plans be developed in consultation with a Qualified
Airport Wildlife Biologist to minimize hazardous wildlife attractants. The
USDA APHIS Wildlife Services has qualified Airport Wildlife Biologists that
might be able to help assist the gravel pit in developing the plan. The Cache
la Poudre River is approximately 700 feet to the south, south of East 8th
Street and FEMA's floodplain maps show that the southern half of the site
is in the 100 -year floodplain. A Floodplain Development Permit is required
to be submitted, and approved, prior to operation. 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.
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F. Section 23-2-230.B.6 — If the use is proposed to be located in the
A (Agricultural) Zone District, the applicant has demonstrated a diligent
effort has been made to conserve Prime Farmland in the locational decision
for the proposed use. The subject property is not zoned A (Agricultural);
therefore, conservation of Prime Farmland is not a requirement; however,
there is no Prime Farmland soils designated on this site. The proposed site
is located on 25 acres of Aquolls and Aquents soils, 19 acres of
Ellicott -Ellicott (0-3%) soils, two (2) acres of Dacono clay loam (0-1%),
and 49 acres of Ustic Torriorthents (moderately steep).
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, and 23-4-290,
Weld County Code), Conditions of Approval and Development Standards
can ensure there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of Open Mining (sand, gravel, stone,
and overburden) and processing of minerals. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sunset Industrial, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR24-0016, for Open Mining (sand and gravel) and
processing of minerals, including the import and export of materials to/from other sites, recycle
crushing area, dry and wet screens, crushers, conveyors and stacker, portable generators, mobile
mining equipment parking and storage, employee and vendor parking, a mine office/scale house,
and scale, in the 1-3 (Heavy Industrial) 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. A Final Traffic Impact Study is required.
B. The applicant shall acknowledge the requirements of the Federal Aviation
Administration, as stated in the referral response, dated November 1, 2024.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the requirements of the Greeley -Weld
County Airport, as stated in the referral response, dated August 8, 2024.
Written evidence of such shall be submitted to the Weld County
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Department of Planning Services.
D. The applicant shall acknowledge the recommendations of the Weld County
Oil and Gas Energy Department, as stated in the referral response, dated
July 17, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. The applicant shall address the requirements of the State of Colorado,
Division of Water Resources, as stated in the referral response, dated
October 25, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
F. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response, dated July 11,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
G. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response, dated August 12,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
H. The applicant shall attempt to address the requirements of the City of
Greeley, as stated in the referral response, dated August 7, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
I. The applicant shall provide to the Department of Planning Services the City
of Greeley's Access Permit to East 8th Street, as applicable.
J. A Lighting Plan shall be submitted to the Department of Planning Services,
for nighttime operations, as applicable.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0016.
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 delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the on -site lighting for night-time
operations, in accordance with the approved Lighting Plan, if
applicable.
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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) A Landscape and Screening Plan, that screens the site from the
surrounding property owners and rights -of -way, shall be submitted
to, and approved by, the Department of Planning Services.
9) 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.
10) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
11) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way for East 8th Street/State
Highway 263 on the map, along with the documents creating the
right-of-way.
12) The applicant shall show and label the approved access location
onto East 8th Street/State Highway 263. Include the Access Permit
number.
13) This portion of East 8th Street/State Highway 263 is under the
jurisdiction of the City of Greeley. Please contact the municipality to
verify the right-of-way. The applicant shall show and label the
right-of-way, show the approved access(es) on the site plan, and
label with the approved Access Permit number, if applicable.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show the floodplain and floodway boundaries
on the map. Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number, or appropriate study.
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 paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
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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 Paper 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, Weld County Code Ordinance, should the map
not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 continuance fee shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. A Weld County Grading Permit shall be required if more than one (1) acre
of land is to be disturbed.
B. A Floodplain Hazard Development Permit is required for this project.
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response 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 to, and accepted by, the
Division of Mining, Reclamation, and Safety.
C. The operator shall furnish evidence that they are insured to the extent of
not less than $100,000.00, against liability for any negligent act or omission
by the operator, from the operation or maintenance of the sand and gravel
pit, the extraction and production of sand and gravel, and all activities
connected with, or incidental thereto.
D. The applicant shall provide a Spill, Prevention, Control, and
Countermeasure (SPCC) Plan.
6. Prior to exposing groundwater - Mining:
A. The operator shall submit the plan for augmentation approved by the water
court, or a Substitute Water Supply Plan (SWSP) approved by the Division
of Water Resources.
7. 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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNYY'COLORA
ATTEST: . itaA) y :4
Weld County Clerk to the Board
B • ON ta Jc,
Deputy Clerk to the Board
County Attorney j
9 Date of signature:
` I v `
Ross, Chair
O
Perry L. B,, , Pro-Tem
(AYE)
(AYE)
(AYE)
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SUNSET INDUSTRIAL, LLC
USR24-0016
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0016, is for
Open Mining (sand and gravel) and processing of minerals, including the import and
export of materials to/from other sites, recycle crushing area, dry and wet screens,
crushers, conveyors and stacker, portable generators, mobile mining equipment parking
and storage, employee and vendor parking, a mine office/scale house, and scale, in the
1-3 (Heavy Industrial) 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. The mine shall remain in compliance with the Weld County Open Mining requirements,
per Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining,
and Safety 112c Permit number #M2023-001.
5. The applicant shall maintain strict compliance with the requirements, as specified by the
Greeley -Weld County Airport, as stated in the referral response dated August 8, 2024.
6. Dust and lighting are a hazard to aircraft and pilots, therefore, strict adherence to the Dust
Control Plan is required. Any lighting will be shielded to prevent any light contamination.
Unshielded lighting right along the approach and departure path of the airport could affect
pilot's night vision and ability to safely operate the aircraft.
7. The applicant shall maintain strict compliance with the requirements of the Federal
Aviation Administration, as stated in the referral response, dated November 1, 2024.
8. The applicant shall create, and adhere to, a Wildlife Hazard Management Plan prior to the
final reclamation as water storage areas (ponds).
9. 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 (1) hour after sundown to
one (1) hour before sunrise. Depending on the request of the jurisdiction, night operations
could occur seven (7) days, per week. When the applicant becomes aware of projects that
require night operations, they will email the Director of the Weld County Department of
Planning Services 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.
10. The number of on -site employees shall be up to 60, as stated in the application.
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11. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
12. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
13. Lighting shall be maintained, in accordance with the approved Lighting Plan, as applicable.
14. 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.
15. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. 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.
20. 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.
21. 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.
22. 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. The facility
shall operate in accordance with the accepted Dust Abatement Plan, at all times.
23. The applicant 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.
24. 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 Modeling Report.
25. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
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26. 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 acceptable.
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
and shall contain hand sanitizers, contain hand sanitizers, and be screened from existing
adjacent residential properties and public rights -of -way.
27. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
28. 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.
29. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public
Health and Environment (CDPHE), Water Quality Control Division, shall be obtained, as
applicable.
30. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations, as applicable.
31. A current Professional Engineer, certified and signed, Spill, Prevention, Control, and
Countermeasure Plan shall be available onsite, at all times.
32. 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.
33. The facility shall be operated in a manner to prevent odors. Odors detected off site shall
not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the Weld County Department of Public Health and
Environment, in the event odor levels detected offsite of the facility meet, or exceed, the
level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
34. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
35. The operation shall comply with the Mine Safety and Health Act (MSHA).
36. The applicant shall notify the County of any revocation and/or suspension of any
State -issued permit.
37. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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38. 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 Map #08123C -1541F and 1542F, revised
November 30, 2023, (Cache la Poudre River). 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.
39. 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.
40. The property owner shall comply with all requirements provided in the issued Flood
Hazard Development Permit.
41. 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
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.
42. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
43. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
44. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
45. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
46. Necessary personnel from the Weld County Departments of Planning Services, Public
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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.
47. 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.
48. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
49. This 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.
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