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HomeMy WebLinkAbout20231493.tiffPlanner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle Hearing Date: May 2, 2023 USR22-0018 Loveland Ready -Mix Concrete, Inc. c/o Stephanie and Brad Fancher, 644 N. Namaqua Avenue, Loveland, CO 80539 Taryn Tigges, Telesto Solutions, Inc., 750 14th Street SW, Loveland, CO 80537 Site Specific Development Plan and Use by Special Review Permit, USR22-0018, for Open Mining (sand, gravel and stone) and employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Part of the NE4 of Section 3, Township 4 North, Range 67 West and Part of the SE4 of Section 34, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado North of and adjacent to County Road 48.5, west of and adjacent to Highway 257 ± 99.23 acres ± 8.23 acres ± 8.00 acres Mined Area: ± 75.90 acres Parcel No's. 1059-03-0-00-045 1059-03-0-00-027 0957-34-0-00-030 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: ▪ Weld County Department of Planning Services — Floodplain Administrator, referral dated July 13, 2022 ▪ Weld County Department of Planning Services - Development Review, referral dated July 22, 2022, revised referral dated March 16, 2023 ▪ Little Thompson Water District, referral dated July 22, 2022 ▪ State of Colorado Department of Transportation, referral dated July 25, 2022 ▪ Weld County Oil, Gas and Energy Department, referral dated July 26, 2022 ▪ Weld County Department of Public Health and Environment, referral dated July 28, 2022 ▪ State of Colorado Parks and Wildlife, referral dated July 28, 2022 ▪ State of Colorado Division of Water Resources, referral dated August 8, 2022 ▪ Front Range Fire Rescue, referral dated August 9, 2022 USR22-001 8 — Dunn Pit Page 1 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Weld County Department of Planning Services — Code Compliance, referral dated July 12, 2022 ▪ City of Greeley, referral dated July 15, 2022 ▪ Weld County Sheriff's Office, referral dated July 18, 2022 ▪ Weld County Department of Planning Services -- Building Inspection, referral dated July 18, 2022 ▪ West Greeley Conservation District, referral dated August 8, 2022 ▪ Town of Milliken, referral dated August 15, 2022 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Town of Johnstown ▪ Union Pacific Railroad ▪ Kerr-McGee OnShore LP ▪ Weld County Schools RE -5J ▪ US Fish and Wildlife Service ▪ US Army Corps of Engineers ▪ Weld County Office of Emergency Management ▪ State of Colorado Department of Public Health and Environment ▪ State of Colorado Department of Reclamation Mining and Safety USR22-0018 — Nix Mine Page 2 Case Summary: Loveland Ready -Mix Concrete Inc. is requesting a Use by Special Review permit for Open Mining (sand, gravel and stone) and employee and equipment parking associated with operations. The mine is to be known as the Dunn Pit. The mine area is located on the north and south sides of the Big Thompson River corridor and access is gained via the construction of a sixty (60) foot in length bridge over the Big Thompson River. The bridge will allow for access between the north and south sides of the property. No other structures, conveyors or processing equipment will be constructed. During full mining operations, there will be up to six (6) full time employees, and two (2) of the six (6) will operate front-end loaders, scrapers, bulldozers or similar equipment for topsoil excavation. An excavator will be used to mine the material wet to bedrock. The mining excavations will not be dewatered and there will be no slurry wall. In addition to persons working at the site, the primary source of additional visits will be the four (4) truck drivers receiving loads for delivery to the Johnstown Ready Mix Concrete Plant located in the southeast quadrant of County Road 13 and County Road 54 (Larimer County Road 18) intersection. The requested/proposed haul route from the Dunn Pit to the Johnstown Plant (2MUSR17-01-1329) begins heading west on County Road 48.5 for approximately 1.63 miles, to northbound on County Road 17 for approximately 0.52 miles, to westbound on County Road 50 for approximately 2.04 miles and ending with northbound on County Road 13 for approximately 1.91 miles to the Johnstown Plant. Aggregate haulers using 15 -ton tandem dump trucks are expected throughout the life of the mine. The aggregate operation is estimated to generate up to 74 trips (37 Round Trips Daily), per day, up to five (5) days per week. There will be twelve (12) incidental trips per day from employees. Mining of the aggregate will occur five (5) days a week and mined material will be stockpiled on site being no more than 5,000 tons. The facility is not open to the general public. Loveland Ready -Mix has requested operational hours of 7:00 am to 5:00 pm Monday through Friday with aggregate hauling occurring from 7:30 am to 4:30 pm. The property boundary for the three (3) parcels is approximately 114 acres, with approximately 76 acres defined for mining activities. The non -mined acres, approximately 38 acres in area, will be for mining offsets and the buffer for the Big Thompson River corridor. The mine will progress in three (3) separate mining cells in five (5) acre increments. . The site will produce a total of 4.5 million tons of sand and gravel over the life of the mine and on a yearly basis the projected annual production of 200,000 tons per year depending on market demands. This production rate translates to an approximately twenty-three (23) year life -of -mine, depending on market demand. Reclamation will progress concurrently with the mining activity as each phase is completed. The sandy to clay loam topsoil overburden thickness ranges from one (1) to two (2) feet throughout the site and will be stockpiled separately to be used in reclamation. The final depth of the mining will vary and may be as deep as approximately twenty-five (25) to twenty-eight (28) feet below the natural grade with the materials to be extracted consisting of clean sand, pebbles, gravels and cobbles. The size of the gravel and cobbles range from 1 -inch to 4 -inches in diameter. Mining and reclamation activities will result in the restoration and enhancement of wildlife habitat with groundwater sourced ponds. No fuel is stored at this location. Once a day, Loveland Ready -Mix (LRM) will send a truck from the Johnstown Plant to this location to fuel and service the equipment. If any significant maintenance or repairs are required, LRM will haul the equipment to their Johnstown Plant located at County Road 54 and County Road 13. There are three (3) active Kerr-McGee Oil & Gas OnShore LP wells on site and one plugged and abandoned well. Based on Colorado Oil and Gas Conservation Commission (COGCC) data there are existing off location flowlines, pipelines and additional oil and gas related infrastructure that may be present associated with the parcels. There is an active railroad located northeast of the mine site operated by Union Pacific Railroad. USR22-001 8 — Dunn Pit Page 3 The mine site is located in the regulatory floodway of the Big Thompson River where development is discouraged. The applicant submitted a Flood Hazard Development Permit that shows that adequate spillways, armoring and setbacks are provided to minimize flood losses post mining. This permit, FHDP21-0024 is conditionally approved pending approval of the DRMS mining permit, M2021-059, and this USR22-0018 permit. Stormwater will be diverted into the mining cells or allowed to flow through the site using historical channels in undisturbed portions of the site. No additional stormwater detention facilities are proposed. All stormwater runoff intercepted by this operation must infiltrate into the ground or be released to the stream system within seventy- two (72) hours, otherwise the operator will need to make replacements for evaporation from the surface area of the intercepted stormwater. The proposed mine is located within the Weld County Opportunity Zone as defined in Chapter 22, Comprehensive Plan and is designated under the Development Classification as "Annexation", encumbering approximately ninety-eight (98) acres of the site and "Urban" encumbering approximately sixteen (16) acres of the site. 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.B states, "Support responsible energy and mineral development." Subsection B.1 states "Ensure that surface development reasonably accommodates mineral extraction." The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel, have an effect on the successfulness of general construction and County roads and regional highway construction industries. The agricultural lands associated with the surface estate is underlain with a known viable aggregate deposit. With the completion of mining, the site will be reclaimed with developed restoration and enhancement of wildlife habitat with groundwater sourced ponds and on -going oil and gas facilities associated with a production well head sites. Commercial mineral deposits known to be located in the County include sand and gravel, coal and uranium. High -quality sand and gravel deposits in the County are found along major drainage ways. According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the mine area is classified as Coarse Aggregates (1) Gravel: relatively clean and sound. Section 22-2-60.B.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." To address impact to the area roads, the Department of Planning Services — Development Review is requesting the specific haul route to be outlined in the Conditions of Approval and Development Standards. The Improvements Agreement and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. The Improvements Agreement and Road Maintenance Agreement is a Condition of Approval to be accepted by the Board of County Commissioners prior to recording the USR map. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article III, Section 23-3-40.R allows for open mining (sand, gravel, stone) subject to the additional requirements of Article IV, Division 4, of the Weld County Code through a use by special USR22-001 8 — Dunn Pit Page 4 review outside of subdivisions and historic townsites. Also included are mobile mining equipment parking and storage, and employee parking. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The use is consistent with the intent of the district in which the site is located. The site's property parcels are zoned (A) Agricultural. The proposed project is a listed as an aggregate mine, permitted in the (A) Agricultural Zone District as detailed in this Use by Special Review permit application, and in the Weld County Code. Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, states in part "The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Chapter 22 — Comprehensive Plan, Appendix 22-C addresses the Right to Extract Mineral Resources Statement "Weld County has some of the most abundant mineral resources, including, but not limited to sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculate to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. The proposed permit complies with the Weld County Guiding Principles, per Chapter 22, Article II, Section 22-2-10 as follows: A. Respecting Our Agricultural Heritage. The Project will not infringe on agricultural production in the area. The proposed mine site is currently used for grazing. B. Respecting Private Property Rights: Loveland Ready Mix has a right to mine the aggregate on its property for use in the community. The mining operations have taken into consideration the rights of all neighboring properties with the intent of minimizing impacts. C. Promoting Economic Growth and Stability: Allowing local aggregate mining will help provide construction material that is in high demand, without increased costs of transportation. Protecting Health, Safety, and General Welfare: Loveland Ready Mix is studying groundwater impacts, water quality impacts, changes to the flood zone, noise impacts, and air quality impacts associated with the project in order to implement the proper best management practices for minimizing effects to community. Additionally, Loveland Ready Mix is going beyond the requirements of Department of Reclamation Mining & Safety (DRMS), Colorado Department of Public health and Environment (CDPHE), and other regulatory agencies by taking into consideration concerns from the community through actions such as voluntary community meetings. Zoning in the area surrounding the site is primarily in the (A) Agricultural Zone District. There are several residences are within the vicinity of the Site. One residential property is directly adjacent to the southwestern corner of the property. The Mad Russian residential development and golf course is located to the north of the Project Site, separated by the railroad easement. There are five residential lots on the south side of County Road 48.5, and one residential property east of Highway 257 directly across from the site. USR22-001 8 — Dunn Pit Page 5 In addition to agricultural uses, there is aggregate mining, oil and gas development and rural residential uses near the site. There are multiple special use permits within one (1) mile, including aggregate mining. Lands located north of the mine site are permitted for an Airstrip (USR-1081) and a Feedlot (SUP -76) and immediate near vicinity, across the UP track is the Mad Russian Golf Course (CUP -52). To the west are a 230kV Transmission line (USR-823) and a 16 -inch natural gas pipeline (USR-1706). Permitted land uses within one mile to the south include USR1277 for Herbal products and processing business, USR-1142 for the Leahy Recreational Facility and SUP -222 for the Sweet Gold Spray Ponds. There are nine (9) residences within 500 -feet of the mine site, with the five (5) nearest residences being immediately adjacent to the USR-DRMS permit boundary south of County Road 48.5. There are fifty- eight (58) residences within 1000 -feet of the mine site and over eight hundred twenty-five (825) residences located one mile from the proposed USR-DRMS permit boundary. The Weld County Department of Planning Services sent notice to thirty-four (34) Surrounding Property Owners within 500 -feet of the site. Planning staff received several letters of correspondence dated March 26, 2022 and June 15, 2021 prior to accepting the land use application that had been sent to the State as part of the Division of Reclamation Mining and Safety review process. As the term for the review had concluded with the State, these letters were forwarded to Weld County and have been included in the case file. The letters outline concerns about additional traffic on area roads, decline in property values, air pollution caused by dust, damage to area roads, creation of crystalline silica resulting in Silicosis a cancer -causing lung ailment. Planning staff has received three (3) telephone calls from interested persons, all within the Mad Russian Subdivision with questions on the application, the referral process and how they may be more involved in the land use process. Planning staff sent notice of the pending Planning Commissioner hearing and received thirty-six (36) letters in opposition to the permit request from surrounding property owners with thirty-three (33) letters submitted in 2021, two (2) letters (Steve Kelly, dated October 2022 and Shelia Grotzky dated November 2022) and the Mica Garrett letter dated January 2023, The applicant has been in contact with the Surrounding Property Owners and conducted face to face interactions with adjacent property owners through the State permitting process and continues to meet with area residents. The Conditions of Approval require that the applicant submit an accepted Communications Plan, Emergency Action and Safety Plan, an accepted Improvements and Road Maintenance Agreement (for roads and traffic), an accepted Final Drainage Plan and an Access Permit for County Road 48.5. The Noise Abatement Plan has been submitted and reviewed. Environmental Health Services in their referral dated July 28, 2022, states "Noise is restricted to the level allowed in the industrial zone district and noise levels are measured 25 feet from the property line. The application contains a noise evaluation, conducted by Telesto Solutions Inc., which indicates the industrial level can be met 25 feet from property boundary. The evaluation states: "The sound levels generated from the topsoil removal activities prior to the mining operations are predicted to be below industrial noise limits at the residential property lines and, additionally, will meet residential and commercial noise standards of 55 dBA. The sound levels generated from mining and hauling operations at the adjacent residential and commercial lots, are predicted to be below residential noise limits, without mitigation. Adherence to the noise modeling report is required"". The Dust Abatement Plan has been submitted and reviewed. Environmental Health Services in their referral dated July 28, 2022, states "A dust abatement plan was submitted and adherence to that plan is required. Alluvial groundwater is the planned water supply. The dust abatement plan indicates water will be applied to the haul roads, stockpiles will be compacted, topsoil piles will be revegetated and mining will be phased which will limit the overall mine surface to five acre increments. An Air emission permits (APEN) from the State is required and will address dust control for mining operations, haul roads, and USR22-001 8 — Dunn Pit Page 6 any sand and gravel processing equipment. The application indicates an APEN has been submitted to the State." The Development Standards and 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 proposed mine is located three miles from the City of Greeley and is located outside of their Long Range Expected Growth Area yet is identified as parklands and open space per the 2060 Comprehensive Plan — Land use Guidance Map dated May 2005. The Town of Johnstown Area 2006 Comprehensive Plan — Land Use Framework Plan designates this site to be outside of their Growth Management Area Boundary. The Town of Milliken 2015 Comprehensive Plan — Framework Plan designates this area as Greenway. The site is also located with the Intergovernmental Agreement Areas (IGAs) for the Towns of Johnstown and Milliken. A signed Notice of Inquiry form was received from the Town of Milliken on May 16, 2022 indicating that the Town would be interested in an annexation agreement or a pre -annexation agreement. The Notice of Inquiry was not returned from the Town of Johnstown. Referral comments received from the City of Greeley dated July 15, 2022 state "The subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA). The City of Greeley has no comments on this project." E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Greeley -Weld County Airport, Geohazard Development Area, the Municipal Separate Storm Sewer Systems (MS4) defined boundary, the Historic Townsites or the Agricultural Heritage Overlay Districts. FHDP21-0024 was issued for overburden and aggregate removal, access road, temporary stockpiles and a new bridge. The results of the HEC RAS model show that there will be a decrease in the base flood elevation (BFE) up to -1.32 feet. Due to this decrease in the BFE a Letter of Map Revision (LOMR) will be required. The LOMR shall be submitted to the Department of Planning Services within six (6) month of reclamation. 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 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed mine site is located on 105.02 acres of Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season, 2.96 acres of Farmland of Local Importance and 6.02 acres of river corridor per the NRCS Soil Survey for Weld County. Post mining the land will be reclaimed back to wildlife habitat with groundwater sourced ponds As stated, there is less than three (3) acres of Farmland of Local Importance and the property contains a commercial mineral deposit, which state statutes say must be protected from development. The Weld County Comprehensive Plan also protects these lands from uses interfering with extraction of sand and gravel. Mineral extraction will provide economic revenues for Weld County from the land and will not interfere with the agricultural productivity of surrounding properties. Colorado Revised Statutes provides for the extraction of mineable resources prior to and surface development. 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. USR22-001 8 — Dunn Pit Page 7 The requested/proposed haul route to the west on CR 48.5 involves the intersection of CR 48.5 and CR 17. Approximately 0.5 miles of CR 48.5 and the southern portion of the intersection of CR 48.5 and CR 17 are in the Town of Johnstown. Additionally, 60 feet to the east of the centerline of CR 17 is the Great Western Railroad. The residential nature of this area is a concern and would be addressed by the referral request to the Town of Johnstown. The configuration of the intersection of CR 48.5 and CR 17 does not meet the safety criteria as specified in Chapter 8 of the Code. Specifically, the location of the railroad track does not allow for the needed auxiliary lanes that would be required for the proposed haul traffic from this mine; the queuing of trucks at this intersection would be adversely impacted by the proximity of the railroad track; the intersection has numerous utilities that would need relocated; and the intersection sight distance does not appear to be adequate for turning haul trucks. Development Review in conjunction with the Department of Public Works is not in support and therefore does not recommend the use of this haul route. Per CDOT's referral and in conjunction with the Development Review referral, the proposed haul route to the east on CR 48.5 would involve the upgrade of the intersection of SH 257 (i.e. sand southbound deceleration and north bound acceleration lanes) and CR 48.5 prior to the issuance of the CDOT access permit onto SH 257 and the triggered upgrade and/ or proportional share of improvements to the intersection of CR 54 and SH 257 in the future. Development Review is recommending the use of this haul route. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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. An Improvements and Road Maintenance Agreement is required for upfront and triggered off -site improvements at this location. The improvements include but are not limited to: • Paving CR 48.5 from fifty (50) feet west of the site access east through the intersection with SH 257; • The addition of auxiliary lanes (i.e. acceleration lane to the north and deceleration lane to the south) at the intersection of CR 48.5 and SH 257; • Triggered auxiliary lanes and/or a proportional share of future improvements at the intersection of SH 257 and CR 54; and, • A proportional share of the improvements to the intersection of CR 54 and CR 13 which may include dedicated right-of-way. In the case that right-of-way is dedicated, the applicant may consider a Capital Contribution Front End Agreement. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul route. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Development Review) B. A Final Drainage Narrative is required. (Development Review) C. The applicant shall attempt to address the concerns of the Colorado Division of Water Resources as stated in their referral dated August 8, 2022, specific to the approved substitute water supply plan. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall acknowledge the requirements of the State of Colorado Parks and Wildlife, as stated in the referral response dated July 28, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) USR22-001 8 — Dunn Pit Page 8 E. The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with required information delineated per Chapter 23, Article IV, Section 23-4-270.A and B. of the Weld County Code. (Department of Planning Services) F. The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land Reclamation Board per Chapter 23, Article IV, Section 23-4-280.A of the Weld County Code. (Department of Planning Services) G. The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the protection of the health, safety, and welfare of the inhabitants of the County. Specifically, Section 23 -4 -280.B -D of the Weld County Code. (Department of Planning Services) H. The applicant shall submit a Communication Plan for review and acceptance by the Department of Planning Services. (Department of Planning Services) I. The applicant shall acknowledge the requirements of Front Range Fire Rescue, as stated in the referral response dated August 9, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) J. The USR map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0018 (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) 4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 5. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (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 the accepted Landscape and Screening Plan addressing visual mitigation. (Department of Planning Services) 9. The County -maintained portion of CR 48.5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 10. Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 257 on the plat along with the documents creating the right-of-way. (Development Review) USR22-001 8 — Dunn Pit Page 9 11. Show and label the access location onto CR 48.5, approved access width, and the appropriate turning radii on the site plan. Specify the access type. (Development Review) 12. Show and label the required tracking control. (Development Review) 13. 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. (Development Review) 14. Show and label the drainage flow arrows. (Development Review) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 16. Show and label all recorded easements and rights -of -way by book and page number or reception number and date. (Department of Planning Services) 17. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of Planning Services) 18. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 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) 19. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. (Department of Planning Services) 2. Prior to Construction: A. The applicant/ miner is required to submit a complete access application for a "preliminarily approved" access location as shown on this map. (Department of Planning Services - Development Review) B. If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking lots, laydown yards et cetera a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Development Review) C. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Planning Services - Development Review) D. Tracking control is required to prevent tracking from the site onto public roadways. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. (Department of Planning Services - Development Review) USR22-001 8 — Dunn Pit Page 10 3. Prior to Operation - Mining: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (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) 4. 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. (Department of Planning Services) USR22-001 8 — Dunn Pit Page 11 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Loveland Ready -Mix Concrete, Inc USR22-001 8 1. Site Specific Development Plan and Use by Special Review Permit, USR22-0018, for Open Mining (sand, gravel and stone) and employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All permitted operations shall be conducted during the hours of daylight except in the case of a declared emergency disaster by the Board of County Commissioners. When the permitted operations are occurring at night, they will only occur when material is requested by cities, counties, or CDOT, for night projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction, night operations could occur seven days per week. When the operator becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. (Department of Planning Services) 4. 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) 5. The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety 112c Permit number M2021-059. (Department of Planning Services) 6. 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) 7. The number of on -site employees shall be up to six (6) -- two (2) equipment operators and four (4) truck drivers. (Department of Planning Services) 8. The parking area for mine equipment and employees on the site shall be maintained. (Department of Planning Services) 9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 10. The property owner or operator shall maintain compliance with the accepted Communications Plan. (Department of Planning Services) 11. 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) 12. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and USR22-0018 — Dunn Pit Page 12 the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 13. 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) 14. 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) 15. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Development Review) 16. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 17. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Development Review) 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 19. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 20. The property owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) 21. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 22. Approved Haul Route outbound is east on County Road 48.5 to State Highway 257, north on State Highway 257 to County Road 54, west of County Road 54 to County Road 13, south on County Road 13 to the approved access to the Loveland Ready Mix plant permitted under 2MUSR17-01-1329. Approved inbound haul route is from the approved access of the Loveland Ready Mix Plant north on County Road 13 to County Road 54, east of County Road 54 to State Highway 257, south on State Highway 257 to County Road 48.5, west on County Road 48.5 to the approved access drive for the Dunn Pit. (Development Review) 23. 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) 24. 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) 25. 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) 26. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan. (Department of Public Health and Environment) 27. 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 USR22-0018 — Dunn Pit Page 13 Environment, as applicable. (Department of Public Health and Environment) 28. 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 evaluation report. (Department of Public Health and Environment) 29. 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) 30. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as applicable. (Department of Public Health and Environment) 31. 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) 32. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights- of -way. (Department of Public Health and Environment) 33. 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) 34. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 35. 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) 36. 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) 37. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 38. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 39. 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) 40. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #08123C -1682F and 1701F issue date September 17, 2022 and Panel Maps #08123C -1684F and 1703F issue date March 23, 2022 (Big Thompson River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, USR22-0018 — Dunn Pit Page 14 or storage of equipment and materials. (Department of Planning Services - Floodplain) 41. 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. (Department of Planning Services - Floodplain) 42. If at all possible, place the berms parallel to the flow of floodwaters. (Department of Planning Services — Floodplain) 43. Floodplain Development Permit #FHDP21-0024 was issued for overburden and aggregate removal, access road, temporary stockpiles and a new bridge. The results of the H EC RAS model show that there will be a decrease in the base flood elevation (BFE) up to -1.32 feet. Due to this decrease in the BFE a Letter of Map Revision (LOMR) will be required. The LOMR shall be submitted to the Department of Planning Services within six (6) months of reclamation. (Department of Planning Services — Floodplain) 44. All transient equipment including temporary structures and portable toilets shall be anchored. (Department of Planning Services — Floodplain) 45. Any fencing on the property must allow the flow of floodwaters either through or under the fence. (Department of Planning Services — Floodplain) 46. The installation of any septic system within the 100 -year floodplain shall comply with the Weld County O.W.T.S. floodplain policy. (Department of Planning Services - Floodplain) 47. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the 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; 2020 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 48. Necessary personnel from the Weld County Departments of Planning Services, Development Review, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 49. 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) 50. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 51. A Use by Special Review shall terminate when the Use is discontinued for a period of three (3) consecutive years, the Use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the Use may have been terminated, the Planner USR22-0018 — Dunn Pit Page 15 shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 52. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 53. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. USR22-0018 — Dunn Pit Page 16 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR22-0018 — Dunn Pit Page 17 March 20, 2023 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weldgov.com Email: kogle@weld.gov Phone: (970) 400-3549 Fax: (970) 304-6498 Tigges Taryn 750 14th St SW Loveland, CO 80537 Subject: USR22-0018 - A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand, gravel and stone), employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone District On parcel(s) of land described as: PART OF THE NE1/4 OF SECTION 3, T4N, R67W, AND PART OF THE SE1/4 OF SECTION 34, T5N, ALL IN R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 2, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 7, 2023 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://accela- aca.co.weld.co.us/CitizenAccess Respectff Ily, Kim O Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 August 26, 2022 Tigges Taryn 750 14th St SW Loveland, CO 80537 Subject: USR22-0018 - A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand, gravel and stone), employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone District On parcel(s) of land described as: PART NE4 SECTION 3, T4N, R67W and PART SE4 SECTION 34, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 1, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 16, 2022 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://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Kim Planner Hello