HomeMy WebLinkAbout20243000.tiffPlanner:
Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR24-0016
Sunset Industrial, LLC, c/o Chris Leone
105 Coronado Court, Unit A-101, Fort Collins, CO 80525
Hearing Date: November 5, 2024
Representative: J & T Consulting, Inc., c/o J.C. York
305 Denver Avenue, Suite D, Fort Lupton, CO 80621
Request:
Legal
Description:
Location:
Zoning:
Size of Parcel:
Mined Area:
Disturbed Land:
Site Specific Development Plan and Use by Special Review 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
Union Colony Subdivision, Lot 1 of RES24-0001; being part of the W2 of Section 3,
T5N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to East 8th Street; approximately 700 -feet east of N. Cherry
Avenue (County Road 43)
1-3 (Heavy Industrial)
+/- 85.14 acres
+/- 72.29 acres
+/- 12.85 acres
Parcel No. 0961-03-3-00-067
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ City of Greeley, referral dated August 7, 2024
➢ Greeley -Weld County Airport, referral dated August 8, 2024
➢ Federal Aviation Administration, referral dated November 1, 2024
➢ Colorado Department of Transportation, referral dated August 12, 2024
➢ Weld County Oil and Gas Energy Department, referral dated July 17, 2024
➢ Weld County Office of Emergency Management, referral dated July 11, 2024
➢ State of Colorado, Division of Water Resources, referral dated October 25, 2024
➢ Weld County Department of Public Health and Environment, referral dated August 2, 2024
➢ Weld County Department of Planning Services - Development Review, referral dated August 12, 2024
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated August 12, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated July 30, 2024
➢ Weld County Sheriff's Office, referral dated July 10, 2024
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Page 1 of 14
➢ West Greeley Conservation District, referral dated August 12, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Xcel Energy
➢ Century Link
➢ Atmos Energy
➢ Town of Kersey
➢ DCP Midstream
➢ Extraction Oil & Gas
➢ Town of Garden City
➢ Greeley Fire Department
➢ Colorado Historical Society
➢ Occidental Petroleum Corp
➢ City of Greeley Water and Sewer
➢ North Weld County Water District
➢ State of Colorado Parks and Wildlife
➢ Colorado Division of Minerals and Geology
➢ Colorado Department of Labor and Employment
➢ Weld County Greeley -Evans School District RE -6
➢ Colorado Department of Public Health and Environment
➢ State of Colorado Division of Reclamation, Mining, and Safety
➢ Weld County Department of Planning Services - Building Inspection
Case Summary:
The applicant, Sunset Industrial, LLC, c/o Chris Leone, is requesting a Use by Special Review in the 1-3
(Heavy Industrial) Zone District for opening mining for sand and gravel. The principal intended use for the
sand and gravel is for road base and construction aggregates. The pit will be known as the Sunset Industrial
Pit and is being reviewed by the State of Colorado Division of Reclamation, Mining, and Safety (DRMS)
under their permit #M2023-001. The site is located north of and adjacent to E 8th Street and is west of and
adjacent to the Greeley -Weld County Airport. The Cache la Poudre River is approximately seven hundred
(700) feet to the south and the Federal Emergency Management Agency (FEMA) floodplain maps show
that the southern half of the site is in the 100 -year floodplain. E 8th Street fka State Highway 263 used to
be a Colorado Department of Transportation (CDOT) highway but per an IGA between Greeley and CDOT
the highway was abandoned and is now fully under the City's jurisdiction. The ingress and egress for the
aggregate processing facility is located on E 8th Street.
In 2022 the Board of County Commissioners approved a Change of Zone (COZ22-0002) to correct the split
zoning and zone the entire site 1-3 (Heavy Industrial). In 2024 the BOCC approved a Resubdivision (RES24-
0001) to vacate the right-of-way. The Resubdivision plat was recorded on October 17, 2024 under reception
number 4988678 and the Change of Zone plat will be recorded on November 6, 2024. The entire site will
be zoned 1-3 (Heavy Industrial). Per the Assessor's record, there are four (4) single family residences
located on the property.
The application materials that were submitted to the Division of Reclamation, Mining, and Safety is
interspersed with information about concrete and asphalt batch plants to be built on the site. However, an
email from the applicant dated July 8, 2024 states that this USR24-0016 will only permit the mine. The
concrete and asphalt batch plants will be permitted via a Site Plan Review (SPR) as the 1-3 (Heavy
Industrial) Zone Section 23-3-330.F.7. of the Weld County Code requires a USR for open mining and
processing of minerals and Section 23-3-330.C.4. requires a SPR for asphalt or concrete batch plants.
The concrete and asphalt batch plant cannot be constructed until the SPR is approved and recorded.
The permit boundary is 85.14 acres (72.29 acres will be mined and reclaimed and 12.85 acres with be part
of the disturbed area). The aggregate mine operation will be conducted as a dry pit with a slurry wall
constructed around the mining operation. Mining will not expose groundwater prior to the slurry wall being
constructed around each phase. It is expected take twelve (12) years from the commencement of mining
to total reclamation. The mining will occur in two (2) phases. Phase 1 is about fifty-three (53) acres and
phase 2 is about eighteen (18) acres. Reclamation will progress concurrently with the mining activity as
each phase is completed.
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Annual production is expected to be 650,000 tons per year depending on market demands. This production
rate translates to nine -one-half (9 1/2) years to complete phase 1 and two -one-half (2 1/2) years to complete
phase 2. Only one (1) phase will be actively mined at any given point in time. The initial production is
expected to be 300,000 tons per year with the maximum production expected to be 1,000,000 tons per year
depending on demand.
The equipment on site may include, but are not limited to, screens, crusher, conveyors, stackers, dozers,
loaders, scrapers, excavators, compactors, dewatering pumps, electrical trailer, generator trailer, small
portable generators, and watering trucks.
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 one hundred
twenty-five (125) feet from any existing residence. The closest residence is approximately two hundred
(200) feet south of the south property line. The application materials show screening in the form of trees
spaced about fifty (50) feet apart along E 8th Street. Opaque screening along the southern property line is
a Condition of Approval. 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. The final depth of the mining will vary from forty to one hundred twelve (40 to 112)
feet. Overburden thickness ranges from zero to five (0 to 5) feet throughout the site. The sand and gravel
deposit thickness ranges from thirty-five to one hundred twelve (35 to 112) feet.
There will be a maximum of sixty (60) employees on the site on any given day and approximately five (5)
visitors per week. The operating hours will be during daylight hours Monday through Saturday as required
by the Weld County Code. There may be occasional nighttime operations.
The Greeley -Weld County Airport is in the process of becoming a commercial airport and has applied to
obtain Part 139 certification. The Federal Aviation Administration (FAA) submitted referral agency
comments dated November 1, 2024 that stated that the proximity of the gravel pit should not prohibit the
airport from obtaining their Part 139 certification.
Due to the proximity to the Greeley -Weld County Airport the applicant submitted an aeronautical study for
both the concrete and asphalt batch plants with a determination of No Hazard to Air Navigation. Dust, light
pollution, and wildlife also pose as hazards to pilots and aircraft. Dust emissions and light pollution may
interfere with pilot visibility and wildlife are a hazard to aircraft. The Greeley -Weld County Airport and the
Federal Aviation Administration (FAA) both stated that there shall be strict compliance with the dust control
plan, that any lights be shielded, and that a wildlife hazard management plan be developed in consultation
with a Qualified Airport Wildlife Biologist, to minimize hazardous wildlife attractants. The Airport also
indicated that they have concerns about traffic on E 8th Street.
The mine will be reclaimed as two (2) lined water storage reservoirs. No explosives will be used during
mining.
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 ordinance in effect.
Section 22-2-60.8 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
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this mining operation under permit #M2023-001. The 85.14 acres that compose the Sunset
Industrial Pit will be mined over twelve (12) years in two (2) phases. Phase one (1) is a majority of
the site, about fifty-three (53) acres and phase 2 is about eighteen (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 provide by
the U.S. Army Corps of Engineers Approved Jurisdictional Determination - Corps File No. NWO-
2022-01381, dated October 28, 2022.
Section 22-2-60.8.2. states, "Ensure that infrastructure, such as adequate roads and utilities,
exists or can be made available prior to development of energy and mineral resource production
facilities."
The site is located north of and adjacent to E 8th Street and is west of and adjacent to the Greeley -
Weld County Airport. The Cache la Poudre River is approximately seven hundred (700) feet to the
south, south of E 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 E 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
of twenty (20) trips, the tandem trucks will make fifty (50) trips, the semi -trucks and trailers will make
two hundred (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 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 and County road and regional highway construction industries.
Section 22-2-60.B.3 states, "Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the existing surrounding land uses."
Excavation and processing of sand and gravel will be a minimum of (10) feet from the boundary of
adjacent properties, easements, irrigation ditches, and rights -of -way, and a minimum of one
hundred twenty-five (125) feet from any existing residence. The closest residence is approximately
two hundred (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 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 twenty-eight (28) feet and the setback from west will be thirty-one (31) feet. The
setback from the lift station will be forty (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
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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 23-2-220.A.2 - The proposed use is consistent with the intent of the 1-3 (Heavy Industrial)
Zone District.
The use is consistent with the intent of the district in which the site is located. The subject property
is zoned 1-3 (Heavy Industrial). The proposed project is a 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."
Section 23-3-330.F.7. of the Weld County Code 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 eleven (11) feet. Section 23-4-290.A
states that the setback shall be ten (10) or greater feet from property lines and at least one hundred
twenty-five (125) feet to any existing residence unless the owners of the adjacent property consents
in writing to a lesser distance. The closest residence is approximately two hundred (200) feet south
of the south property line.
According to the Oil and Gas Energy Department referral 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 & Gas Onshore owns well 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 used for employees use.
C. Section 23-2-220.A.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 the north
and east boundaries. The Airport is zone Industrial Medium Intensity (I -M) and the properties to
the south are also zoned Industrial Medium Intensity all according to the City of Greeley's zoning
map. 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 south (on the south side of
E 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 twenty-four (24) USRs issued in the A (Agricultural) Zone District within one 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 an 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, USR-1760, USR14-0023, 2MUSR16-85-690,
and 2MJUSR19-08-1660 for mineral resource development facilities. USR-1089, USR-623, USR-
679, 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 for a
solar energy facility, USR21-0007 for a solar facility, USR-964 for storage of vehicles, USR-1106
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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 eighty (80) Surrounding Property
Owners. The Department of Planning Services received one (1) letter of concern which outlines
concerns about increased traffic on E 8th Street, noise 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 E 8th Street as stated by the City of
Greeley and intersection improvements as required by CDOT (at the State Highway 85 intersection)
to ensure safety to the travelling public. Development Standards for dust, light, and wildlife
mitigation per the FAA are also included. The proposed use is in an area that can support this
development and the Development Standards and the Conditions of Approval 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 23-2-220.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 site is located within the three (3) mile referral area of 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 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's concerns was
submitted on October 28, 3035. The applicant changed the location of the access point in response
to the City's comments and there in an ongoing conversation between the City and the application
concerning road improvements including speed limits.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans
and the Town of Kersey. The City of Evans and the Town of Kersey submitted Notice of Inquiry
forms that state that 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, and 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 and dedicated to industrial,
manufacturing, office parks, research & 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 the airport,
a restaurant, and a mix of industrial uses. One unique use of the area is the Greeley Air National
Guard Base where over three hundred (300) military and civilian personnel are stationed.
Employment area street patterns vary by location and E 8th Street and Fern Avenue provide access
to the airport and these two (2) roads carry a high volume of vehicles, including oversized trucks.
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E. Section 23-2-220.A.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 for lighting for
night operations. The referral stated that the wildlife that will be attracted to the water storage, post
reclamation, will be hazardous to aircraft. 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. Finally, the Airport has also indicated that they have concerns about
traffic on E 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 Federal Aviation Administration (FAA), submitted
referral agency comments dated November 1, 2024 that stated that 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 seven hundred (700) feet to the south, south of E 8th
Street and the Federal Emergency Management Agency's (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 Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.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 proposed site is located twenty-five (25) acres of Aquolls and Aquents soils, nineteen (19)
acres of Ellicott -Ellicott (0-3%) soils, two (2) acres of Dacono clay loam (0-1%), and forty-nine (49)
acres of Ustic Torriorthents (moderately steep). 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.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 that there are adequate provisions for the protection of 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 that there are
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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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Final Traffic Impact Study is required. (Development Review)
B. The applicant shall acknowledge the requirements of the Federal Aviation Administration, as stated
in their referral dated November 1, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the requirements of the Greeley -Weld County Airport, as stated
in their referral dated August 8, 2024. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy
Department, as stated in their referral dated July 17, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources, as stated in their referral dated October 25, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in their referral dated July 11, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in their referral dated August 12, 2024. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
H. The applicant shall attempt to address the requirements of the City of Greeley, as stated in their
referral dated August 7, 2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
I. The applicant shall provide the City of Greeley access permit to E 8th Street, as applicable.
(Department of Planning Services)
J. A Lighting Plan shall be submitted for nighttime operations, as applicable, to the Department of
Planning Services. (Department of Planning Services)
K. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0016 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the onsite lighting for night-time operations in accordance with the
approved Lighting Plan, if applicable. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
7. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
8. Show and label all recorded easements by book and page number or reception number and
date. (Department of Planning Services)
9. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way. (Department of Planning Services)
10. 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 thirty-five (35) feet. (Department of Planning Services)
11. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date. (Department of Planning Services)
12. Show the Colorado Department of Transportation (CDOT) right-of-way for E 8th Street/State
Highway 263 on the map along with the documents creating the right-of-way. (Development
Review)
13. Show and label the approved access location onto E 8th Street/State Highway 263. Include the
access permit number. (Development Review)
14. This portion of E 8th Street/State Highway 263 is under the jurisdiction of the City of Greeley.
Please contact the municipality to verify the right-of-way. 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. (Development Review)
15. Show and label the drainage flow arrows. (Development Review)
16. 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. (Development
Review - Floodplain)
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 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 one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
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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. (Department of Planning
Services)
4. Prior to Construction:
A. A Weld County Grading Permit shall be acquired, if an acre of more is to be disturbed.
(Development Review)
B. A Floodplain Hazard Development Permit is required for this project. (Department of Planning
Services - Floodplain)
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. (Department of Planning Services)
B. 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)
C. The operator shall furnish evidence that they are insured to the extent of not less than one hundred
thousand dollars ($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 and the extraction and production of
sand and gravel and all activities connected with or incidental thereto. (Department of Planning
Services)
D. The applicant shall provide a Spill Prevention Control and Countermeasure plan (SPCC).
(Department of Planning Services)
6. Prior to exposing groundwater - Mining:
A. The operator shall submit the approved water court approved plan for augmentation or a SWSP
approved by this office. (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 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.
USR24-0016 I Sunset Industrial, LLC
Page 10 of 14
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Sunset Industrial, LLC
USR24-0016
1. Site Specific Development Plan and Use by Special Review, 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, 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. 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. (Department of Planning Services)
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety
112c Permit number M2023-001. (Department of Planning Services)
5. The applicant shall maintain strict compliance with the requirements as specified by the Greeley -Weld
County Airport, as stated in their referral dated August 8, 2024. (Department of Planning Services)
6. Dust and lighting is 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. (Department of Planning Services)
7. The applicant shall maintain strict compliance with the requirements of the Federal Aviation
Administration, as stated in their referral dated November 1, 2024. (Department of Planning Services)
8. The applicant shall create and adhere to a wildlife hazard management plan prior to the final
reclamation as water storage areas (ponds). (Department of Planning Services)
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 Weld County Planning Director 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. (Department of Planning Services)
10. The number of on -site employees shall be up to sixty (60), as stated in the application. (Department of
Planning Services)
11. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
12. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
13. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department
of Planning Services)
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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. (Department of Planning
Services)
15. The property owner or operator shall maintain compliance with the accepted Communications Plan.
(Department of Planning Services)
16. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
17. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
21. 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. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
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 be operated in accordance
with the accepted "dust abatement plan", at all times. (Department of Public Health and Environment)
23. 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, Colorado Department of Public
Health, and Environment, as applicable. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
modeling report. (Department of Public Health and Environment)
25. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
27. Any On -Site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -Site Wastewater Treatment Systems. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
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29. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable. (Department
of Public Health and Environment)
30. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations, as applicable. (Department of Public Health and Environment)
31. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 off
site 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. (Department of Public
Health and Environment)
34. 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)
35. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
36. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
37. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
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. (Development Review -
Floodplain)
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. (Development Review - Floodplain)
40. The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
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. (Department of Planning Services)
USR24-0016 I Sunset Industrial, LLC
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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 has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
43. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
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. (Department of Planning Services)
45. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
46. 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)
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. (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.
USR24-0016 I Sunset Industrial, LLC
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October 7, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Leone Chris
105 Coronado court, Unit A-101
Fort Collins, CO 80525
Subject: USR24-0016 - Site Specific Development Plan and Use by Special Review 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 parcel(s) of land described as:
Lot 1 Resubdivision, RES24-0001; being part of the W2 of Section 3, T5N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 5, 2024 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November
20, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://aca-
prod.accela.com/WELD/
Respectfully, U_p_
Diana Aungst
Planner
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