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Home My WebLink About20250780.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Cindy Beemer, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Maxwell Nader Use by Special Review Permit for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District. Lot B Recorded Exemption RE -3000 being part of the SE1/4; /4; part of the SW1 /4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. North of and adjacent to County Road 42; east of and adjacent to State Highway 60. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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." 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. 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 as agricultural lands, wildlife habitat and water storage reservoirs. 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 Stream Terrace Deposits — Fine Aggregates including sands ranging from coarse gravelly stream sands to fine grained wind deposited dune sands. 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 east of and adjacent to Highway 60 and south of County Road 44. The ingress and egress for the aggregate processing facility is proposed off of Highway 60. Parcel 105720000015 has one permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state that "This access will be used for initial site start up and maintenance at the site but will not be the main commercial access." This access shall be upgraded, as needed to meet all Code requirements. In addition to the fourteen (14) employees working at the site, the primary source of additional visits will be truck drivers receiving loads for delivery off -site. The aggregate operation is estimated to generate up to 1,040 trips per day or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Others visiting the site include vendors, mechanics, inspectors and others with occasional business at the Site. The facility is not open to the general public. Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 2 Colorado Department of Transportation (CDOT) in an email response dated January 27; 2025 stated "A CDOT permit will be required whether for direct highway access or in -direct access " The Department of Planning Services --Development Review, in their referral dated,Deceinber 4, 2024, is requiring a Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the State of Colorado to address impact to the area"roads Also required is -an Improvements and Road Maintenance Agreement with triggered off -site improvements, -and road maintenance Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes _The Improvements and Road Maintenance Agreement is a Condition of Approval to be accepted by the Board of County Commissioners prior to recording the USR map B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District The use is consistent with the intent of the district in which the site is located The site's property parcels are zonedy(A) Agricultural The proposed project is a listed as an aggregate mine, permitted in the (A) Agricultural Zone District as detailed in this Use try 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 (Agncultural) 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 23, Article III, Division 1, Section 23-3-40 R allows for open mining (sand, gravel, stone) and processing of minerals, subject to the additional requirements of Article IV, Division -4, of the Weld County Code through a use by special review outside of subdivisions and historic townsites C Section 23-2-220 A 3 -- The ,uses which will be permitted will be compatible with the existing surrounding land uses Zoning in the`area surrounding the site is (A) Agncultural There are multiple Use by Special Review - permits within a one (1) mile of the site, including aggregate mining and oil and gas development The end use, agricultural lands, wildlife habitat and water storage, is consistent with the adjacent s. uses in the surrounding area The adjacent lands within' one (1) mile of the property boundary consist of agricultural uses, aggregate mining, rural residences, oil and gas operations and large tract irrigated and dryland agricultural operations To the north is USR-1009 for a recreational pamtball facility, USR-1354 for - aggregate mining and a concrete batch plant, and USR-983 permitted for a salvage yard and sales z, To the west is'USR22-0030 for en open mining gravel pit A high-pressure gas line, permitted under USR-1183,for,Public Service,of Colorado To the east USR-1185 for a machine repair shop To the _south is USR14-0014 for an oil and gas support and service facility, USR-839 for a commercial greenhouse, USR13-0039 for an automobile business, USR21-0004 for a solar energy facility and USR18-0071 for a construction storage yard Planning -staff is also aware of a pending aggregate - and sod mines, currently in review at the State to the south of the site The Town of Milliken's-municipal limits is within one (1) mile west of the proposed mine site and the Town of Gdcrest is about one -quarter (1/4) mile to the east , The Weld County Department of Planning Services sent notice to fifty (50) Surrounding Property Owners No wntten correspondence orlelephone calls of inquiry were received - about the application - The Conditions of Approval require that the applicant submit, an accepted Emergency Action and Safety Plan and an accepted Road Maintenance and Improvements Agreement. (for roads and traffic) The Noise Abatement Plan has been submitted and reviewed Environmental Health Services in their referral dated December 9, 2024, stated "Noise is restricted to the level allowed in Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 3 " Y the industrial zone district' and noise -Levels are measured 25 feet from the property line The application materials contain a noise management plan, conducted by Behrens and Associates, Inc , which indicates the industrial level can be met twenty-five (25) feet from -property boundary The conclusion in the report states "the results of the noise modeling, indicate that the Section 20 mining and processing operations -for all modeled phases are predicted to comply with the allowable Industnal CRS noise limits at ,all modeled receptor, locations " Adherence to the noise modeling report is required - There will be -fuel storage which will require compliance; with State regulations and a Spill Prevention, Control, and Countermeasure (SPCC) plan may be required depending on tank storage size An Air Emission Permit (APEN) from the State is required and will address dust control for mining operations, haul,roads, and any sand and gravel processing equipment The application indicates an APEN has been submitted to the State - The Conditions of Approval also require a Decommissioning Plan, Lighting Plan, Communication Plan, Screening Plan and an approved access permit for State Highway 60 and any associated off - ,site improvements as required by CDOT to ensure safety to the travelling public, 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 Flans of affected municipalities - The site is located within a three (3) mile referral area of four (4) municipalities, the City of Evans and Towns of Milliken, Platteville and Gilcrest The proposed mine is Iodated within the Weld County and the City of Evans, and Towns of Milliken, Platteville and Gilcrest, Coordinated Planning Agreement Areas The City of Evans returned the Notice of Inquiry form dated July 13, 2023 stated "This area is beyond our urban growth boundary and is ineligible for annexation " The Town -of Platteville returned the Notice of Inquiry form dated July 13, 2023, stating "Development Area is outside (north) of the Town of Platteville's Growth Boundary " The'Town of Gilcrest returned the Notice of Inquiry form dated July 17, 2023, stating "Town Board and Staff met with Lembke/Red Tierra several times in 2022 on annexation Lembke sent email on 7/12/23 stating he was wanting to start up annexation process again Have not yet received Annexation Petition " The Town- of Milliken did not respond ,to the Notice, of Inquiry Form All four (4) municipalities did not respond to the referral request -1 In a mutual letter from the Town of Gilcrest and Platteville dated December 11'x, 2023, in response to PRE23-0271 (eventually being USR25-0002) mentioned the future development of the Section 20 mine (being USR24-0026); the following comments were made "Additionally, the development of two additional proposed' mining operations,_namely'the,790-acre Monarch-Denm gravel mine and the 596 55 acre (being`,USR22-0030) and Section 20 Gravel Mine (formally known -as Red Tierra) (being USR24-0026), within the Town of Gilcrest's Urban Grown Boundary, along with a substantial portion of the Monarch-Denm `gravel mine falling within the Platteville and Gilcrest Coordination -area" The towns have shared concerns encompassing environmental and transportation impacts, adverse impacts on Gilcrest's groundwater levels, and the loss of land area designate for_future development in alignment with their community's vision for future The letter requested both future mines (USR22-0030 and USR24-0026) be annexed into the Town of Gilcrest USR22-0030 was approved by the Board of County Commissioners on Apnl 26., 2023 The, proposed gravel mine' is -located within the Town's Urban Growth Boundary and the Platteville-Gilcrest Coordination Area es depicted in the 2011 Intergovernmental Agreement between the Towns of Gilcrest and Platteville As such, the Town of Gilcrest is submitting this formal referral response in coordination with the Town of Platteville Resolution USR24-0026 - t CAW Equities, LLC, do Ready Mixed Concrete, LLC Page 4 ' The proposed mine site is located outside of the -City of Evans' Future Land Use Map of 2022, the Town of Platteville's Urban Growth Boundary as defined in their 2023 Comprehensive Plan, and the Town of Milliken's Future Land Use Plan as defined in their 2023 Comprehensive Plan - The proposed mine is identified in a low -density residential area and in Tier 2 and Tier 3 of the town's growth pnonty tiers per the 2017 Town of Gilcrest's Framework Plan The applicant had further discussions with the Town of Gdcrestregarding signed NOI Form`from July 17, 2023 The Town Gdcrest and applicant have both decided to try to and come to an agreement on annexation Both agree that the Town does not have the bandwidth'to permit the Site and wish Section 20 Mme to go through the USR process prior to annexation - Perrthe Town of Gdcrest's referral dated February 21, 2025, an application for annexation was received by the Town and is currently in the completeness review stage of the development review process The town staff and consultants will coordinate with the owner's engineer to schedule a meeting to discuss the -annexation submittal requirements, including the annexation petition, annexation' map-, annexation impact report, etc The objective is to obtain a complete annexation application or enough information to enter into a Pre -Annexation Agreement E Section 23-2-220 A 5 - Theyapplication complies with Chapter 23, Articles V and XI, of the Weld County Code - The property is not located within any overlay district officially adopted by the County, including A- P (Airport) Overlay Distrct, I-25 Overlay District, Geologic Hazard Overlay Distnct, 'MS4,- Municipal Separate Storm -Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District " Budding 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 Pnme Farmland in the locational decision for the proposed use The proposed mine site is located on 631 acres total with 77.% of it being considered sods that are Prime farmland -if irngated and 0 4% being Farmland orStatewide and Local Importance per the NRCS Sod Survey for Weld County Post mining the land will be reclaimed back to seven (7) water storage reservoirs Which will assist with creatinTwddlife habitat and water storage for agricultural lands in the area The Wester Mutual Ditch bisects parts of the land and is planned to remain in place Each phase will contmue'to be fanned while mining is occurring in other phases As stated, the properties contain some Farmland of Statewide and Local Importance however, the property also contains a commercial mineral deposit,'whichatate 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_wdl 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 pnor 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 , . - - - ` - 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 adequate provisions for the protection of the health, safetyend welfare of the inhabitants of the Resolution USR24-0026- CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 5 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 Planning Commission recommendation for approval is conditional upon the following 1 Pnor to recording the map _ A_ - An acceptable Final Traffic Impact Study, signed and stamped by a,professional engineer licensed in the State of Colorado, is required (Development Review) - B All On -Site Wastewater Treatment Systems_ (OWTS) on the property must have the necessary permits and documentation from the Weld County Department of Public Health & Environment The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate an OWTS permit for the property at 20857 County Road 29 Any OWTS not currently permitted or documented by the Weld -County Department of Public Health & Environment will need to undergo an OWTS Evaluation before _the required ,permit or documentation can be issued If the system is found to be inadequate, it must be brought into compliance with current OWTS regulations (Department of Public Health and Environment) C -Submit a copy of the water service for 20857 County Road 29 (Department of Public Health and Environment) D The applicant shall submit evidence of a Pre -annexation Agreement with the Town of Gdcrest This - Agreement shall_be between the Town of Gilcrest and the,applicant; and Weld County will not take part in said Agreement (Department of Planning Services) _ E The applicant shall address the Town- of Gdcrest's request for approval of thei proposed groundwater mitigative `measures, as stated in their referral dated f February 23,-2025 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 -Colorado Department of Transportation, as stated in their referral dated January 27, 2025 Written evidence of such shall be submitted to the_ Weld County Department of Planning Services (Department of Planning Services) G ' The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy Department, as stated in their referral dated November 13, 2024 Wntten evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) H The applicant shall acknowledge the comments from the State of Colorado, Division of Water Resources, as stated in their referral dated December 2, 2024 Wntten evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) The applicant shall acknowledge,the comments from the State of Colorado, Division of Wildlife, as stated in their referral dated November -25; 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) J ,The map shall be amended to delineate the following 1 All sheets of the map shall be labeled [Title] (Department of Planning Services) _ 2 The attached Development Standards (Department of Planning Services) Resolution, USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 6 3 The map shall be prepared ineccordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 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 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) -6, The map shall delineate the parking area'for the mine vehicles, mine equipment, vendors, and employees (Department of Planning Services) - -- 7' Show and label all recorded easements by book and page number or reception number and date -(Department of Planning Services) " 8 Show and= label all recorded easements and rights -of -way by book and page number or reception number and date (Department of Planning Services) 9 Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 60 on the map along with the documents creating the right-of-way (Development Review) 10 County Road 44 is .a paved road and is designated on the Weld County Functional Classification Map as an artenal-road which requires 140 feet of nght-of-way at full buddout The applicant shall delineate and label on the site map or plat the future and existing nght-of- way (along with the documents creating the existing nght-of-way) and the physical location of 'the road All setbacks -shall be measured from the edge of nght-of-way' This road is maintained - by Weld County (Development Review) - 11 County Road 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feetof nght-of-way at full buddout 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 nght-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) 12 County Road 29 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 buddout- The _ applicant shall delineate and label on the site map or plat theluture 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) - - 13 Show and label the' proposed initial/maintenance access location onto CR 44, along with all other existing`access locations onto CR 29, CR 42, and CR 44 Include the approved access width and the appropriate -turning raduron the site plan As appropriate, label accesses as "Close and_Reclaim " Access specifics will be reviewed during the_ review of the USR map (Development Review). 1.4 Show and label the approved tracking control on the site plan (Development Review) 15 Show and label the entrance gate(s) 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 may 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) Resolution USR24-0026 CAW Equities, LLC, Go Ready Mixed Concrete, LLC Page 7 16 Show and label the approved main site access location onto SH 60 Include the access permit number (Development Review) 17 Show and label the drainage flow arrows (Development Review) 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) 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 Pnor to Construction A Obtain a Weld County Grading Permit, if more than one (1) acre is to be disturbed for construction outside of the gravel mining area (Development Review) B Obtain all required access permits from Weld County and CDOT (Development Review) C Construct the approved tracking control (Development Review) D The applicant shall submit an ALTA survey that identifies all subsurface utilities (Oil and Gas Energy Department) 5 Pnor 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 anrival basis by the Facility operator, the Fire Distnct 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 wntten 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 complete all up -front access and haul route improvements, required by CDOT Written evidence of CDOTs acceptance shall be submitted to the Weld County Department of Planning Services (Development Review) 6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special -Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 8 Motion seconded by Virginia Gudegahn VOTE For Passage Against Passage Absent Butch White Pamela Edens Michael Palizzi Virginia Gudegahn Barney Hammond Michael Biwer Cindy Beemer Abstain Michael Wailes The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Cogv I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 4, 2025 Dated the 4'h of March, 2025 `� .Jl -, Y°411.612in, Kristine Ranslem Secretary Resolution USR24-0026 CAW Equities, LLC, Go Ready Mixed Concrete, LLC Page 9 1 2 USE BY SPECIAL REVIEW PERMIT DEVELOPM ENT STANDARDS CAW Equities LLC USR24-0026 Use by Special Review, USR24-0026, for Open Mining and Processing of Minerals (Aggregate Mining and_Batch Plant) in the A (Agricultural) Zone Distnct, subject to the Development Standards stated hereon (Department of Planning Services) 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 M2022-001 (Department of Planning Services) y 5 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 matenal 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 junsdiction, 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) 6 The number of on -site employees shall be up to twenty (20), as stated in the application `(Department of Planning Services) - 7 The parking area for mine equipment, vendors and employees on the site shall be maintained (Department of Planning Services) 8 All signs shall adhere to Chapter,23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 9 Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable (Department of Planning Services) 10 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) 1- 11 The property owner or' operator shall provide wntten evidence of an approved Emergency Action and Safety Plan on or beforeMarch-15th of any given year signed by representatives for the Fire Distnct and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 12 The property owner or operator shall maintain compliance with the accepted Communications Plan (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) - -Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 10 15 There shall -be no parking or staging _of vehicles on public roads- On -site parking shall be utilized (Development Review) _ 16 Any,work that may occupy and or encroach upon any County nghts-of-way or easement "shall acquire _ an approved Right -of -Way Use Permit pnor to commencement (Development Review) 17 Weld County is not responsible for the maintenance of onsite drainage related features (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 matenals shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debns, 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 ehall 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 inraccordance with the accepted noise modeling report (Department of Public Health and Environment) 25 The operation shall remove, handle, and stockpile overburden, sand, sod, 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 senitizers, 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) - Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 11 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, as required (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 Mme 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 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) 39 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 Engmeenng Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A budding permit must be issued prior to the start of construction (Department of Building Inspection) 40 Budding Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Pee, and Drainage Impact Fee Programs (Department of Planning Services) 41 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) Resolution USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 12 42 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 43 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 carved 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) 44 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) 45 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 46 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 wntten notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit Summary of the Weld County Planning Commission Meeting Tuesday, March 4, 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call. Present: Butch White, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Cindy Beemer. Absent: Michael Wailes, Pamela Edens, Michael Biwer. Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR24-0026 Applicant: CAW Equities. LLC, c/o Ready Mixed Concrete, LLC Planner: Maxwell Nader Request: Use by Special Review Permit for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District. Legal Description: Lot B Recorded Exemption RE -3000 being part of the SE1/4; /4; part of the SW1 /4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 42; east of and adjacent to State Highway 60. Maxwell Nader, Planning Services, presented Case USR24-0026, reading the recommendation and comments into the record. Mr. Nader noted that one (1) letter was received from a surrounding property owner outlining concerns of existing traffic and impact on another mining operation and also the additional impact more mining will bring. Mr. Nader provided a report from Environmental Health on the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. A noise management plan was submitted and demonstrates that the industrial noise level can be met at the property boundary. An Air Emission Permit is required. Mr. Nader stated that this site is located with the Town of Gilcrest's Framework Plan and added that the applicant has been working with the Town of Gilcrest on a Pre -Annexation Agreement. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. The Chair asked to explain where they are at with the annexation. Mr. Nader said that they are currently working on it and added that the applicant can provide an update on that. Kyle Regan, Civil Resources, 8308 Colorado Boulevard, Firestone, Colorado, stated that they are currently going through the annexation process with Gilcrest. He added that there are issues with groundwater and said that as part of the DRMS Permit they provided a groundwater model. He said that DRMS has reviewed the model and approved it. He added that the site is required to institute mitigation structures in a schedule as the mine progresses to mitigate that and includes a groundwater monitoring plan. Mr. Regan said that traffic will be using CDOT facilities so it will not be going through the Town of Gilcrest or utilizing the county roads. Commissioner Hammond asked if it will be mined in phases. Mr. Regan said it will start in the northwest quarter of the site and move clockwise around the site. 1 Commissioner Hammond asked on a timeline of mining the site Mr Regan said the first couple of years will be the fresh water pond and then a couple years for Cell 2 He added that it is approximately three to four years per cell and mitigation for groundwater will start once they start Cell 4 [Commissioner Wailes entered the meeting at 2 08 p m ] The Chair asked if there was anyone in the audience who wished to speak for or against this application Deborah Patndge, 13965 CR 42, stated that they will be surrounded on two sides of her property She expressed concern with traffic, pollution, peace and quiet Terry Wiedeman, 13434 CR 42, stated that his lives directly south of the proposed mining operation He asked what was being mined across from him to the north as it doesn't indicate any cells or mining He is concerned with traffic and tearing up the farmground Mr Wiedeman asked to make sure to berm their property so there are no issues with wind erosion Ryan Harding, 13069 CR 40, said that -his mom is surrounded by the mining operation and noted that no one has talked to her about how they will be mitigating issues since she is surrounded by this operation Mr Regan said that the plan does call for berming in the active phases of mining He added that traffic should be very light around the perimeter Cell 6, which is located north of Mr Wiedeman and is currently permitted for a solar facility, is planned to be mined out in the future but would have to go through another county process to get that into the mine plan Commissioner White asked if the berms will be planted to control dust Mr Regan replied yes and added that they will be using the seed mix called out on the DRMS Permit Commissioner Hammond said that there are several plugged and abandoned wells within the site He asked what, is done to cut down on the liability of anything happening with those wells Mr Regan said that they cut them below bedrock and they have a 150 foot offset from the active wells He added that they are currently talking with Chevron and added that those active wells may be going away as well Commissioner Hammond noted the leased area for the solar facility and asked how long the lease is for Mr Regan said that it is a 20 year lease The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0026 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Cindy Beemer, Seconded by Virginia Gudegahn ~ Vote Motion passed (summary Yes = 5, No = 0, Abstain =1) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Virginia Gudegahn Abstain Michael Wades Meeting adjourned at 3 09 p m Re spectfully submitted, '/ trd-, Anat aiku Knstine Ranslem Secretary 2 ATTENDANCE RECORD 4"VletAtst Lit 30ai EMAIL NAME - PLEASE PRINT LEGIBLY ADDRESS John Doe 123 Nowhere Street, City, State, Zip Mats\ N\av1/41e,11 -fm eo so(003 in& cjg 13 Broth ;cc � 0. r a n r� a 1157 � �r\ �►yi Y 41 ls'h Such �vL u Detiei �� e`;C`Jo� 1kfi, ;t ,/y . r«-� �ll) _. 1 fly(“ a'Yl S' 50 6 C J /v/ -q Ci a //g2 1444, Fiits4►we CO VM IL��i � C t "'rat o„teoe)(4° eThi-VH cickaiQheprc , tflaq CO zrb_ PLfriviiia anOlcal i at I:L.-U-1 k-- #,(LH ea frYiltir r �� aA. to4d wnia.-4 4P� IOTA' i 375,g t ere era ; C,�.� � e� � v.+,.a. �J�..�_� g,- ' Ali S-�2a� Cd÷ pr. liJittA2)r C-(74 �-►vt.Psr, 3iVia It, 4c' e ygh, I 0 � Sid �Vl �O G --..") as, %S �1,� C�� As, ar rte, ea �l ��g-- rcA7 r:ys. _ /� 4 Q � i.aoryi Hello