HomeMy WebLinkAbout20251291.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, 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:
USR25-0002
Central Colorado Water Conservancy District
Angela Snyder
Use by Special Review Permit for Open Mining and Processing of Minerals (sand
and gravel mining, known as the Sweet Valley Pit) in the A (Agricultural) Zone
District.
Lot A Recorded Exemption, RE -3144; and part of the NE1/4, both in Section 30,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado.
West of and adjacent to State Highway 60; south of and adjacent to County Road
42.
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."
Sweet Valley Pit (Mine) is a sand and gravel mine with a processing plant on approximately 147
acres. This mine will be operated by Central Colorado Water Conservancy District ("CCWCD" or
"Miner"). Weld County recognizes that mineral resource extraction is an essential industry and
supports the regional economy. The availability and reduced cost of local sand and gravel will
have a positively impact regional development and transportation construction costs and supply.
According to the Weld County Sand and Gravel Resources map dated July 1. 1975, the property
is classified as stream -terrace deposits with unevaluated aggregates. The DRMS application
submitted with the Weld County application shows that this area has been identified to contain
the desired materials (sand and gravel) and supports the orderly development of mineral
resources. Future development of these lands would be precluded until the mineral resource has
been extracted.
Section 22-2-60.8.1. states, "Ensure that surface development reasonably accommodates mineral
extraction."
The mine will not disturb any existing building. The property is crossed by approximately 2.62 acres
of the Western Mutual Ditch, which did not return a referral response. However, both the mining
and reclamation plans include adequate buffers from the ditch. A conveyor will carry aggregate
over the ditch adjacent to the existing bridge.
According to the Weld County Department of Oil and Gas Energy, there six (5) plugged and
abandoned wells and three gas pipelines, including LAP22-0011, running throughout the Permit
Area. The last well was plugged and abandoned last November, and only recently discoverable,
so the status wasn't reflected in the OGED referral. All pipelines and easements of record have
been incorporated satisfactorily into the plan.
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."
Resolution USR25-0002
Central Colorado Water Conservancy Distnct
Page 2
The haul route includes a pnvate road (via an easement), County Road 40, Colorado Highway 60,
and U S Highway 85
The Department of Planning Services — Development Review, in their referral dated February
26, 2025, is requiring the construction of a westbound right turn deceleration lane at the site's
access point on County Road 40 An Improvements and Road Maintenance Agreement is required
for the off -site improvements as a condition of approval to be accepted by the Board of County
Commissioners pnor to recording the USR map
The Colorado Department of Transportation has issued an access permit to the applicant It
includes the requirement for improvements Adherence to the conditions of the access permit is a
condition of approval
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 zoned (A) Agncultural 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, Section 23-3-10, states in part "The A (Agricultural) Zone Distnct is intended
to provide areas for the conduct of agricultural activities and activities related to agriculture and
agncultural 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
The adjacent lands are zoned A (Agricultural) and consist of farmland, rural residences, oil and gas
activity, and a former rural residence that will be turned into the CCWCD offices and associated
outbuildings
There are eight (8) Use by Special Review (USR) permits within one (1) mile of the property
boundary USR22-0030 (gravel pit — open mining), USR21-0004 (solar facility), USR14-0024,
USR13-0042 (mineral resource development facility - mining), USR-866 (oil and gas support
facility), MUSR16-0002 (mineral resource development facility - mining), USR13-0039 (automobile
repair), and USR-839 (commercial greenhouse)
The Weld County Department of Planning Services sent notice to twenty-one (21) Surrounding
Property Owners One letter of objection and no telephone calls of inquiry were received regarding
the application The letter included a request for limits be placed on the mining activities, such as
limiting hours and days of operation, noise and trucks per hour A landscape plan is requested to
screen mining activity, manage weeds, and mitigate any negative effect on property values
Weld County Code Design and Operations Standards attempt to mitigate the impact of mining on
surrounding properties Sections 23-4-290 C and D address the removal of weeds, the requirement
for preserving a neat appearance, the protection of trees and ground cover along public road
frontages and drainage ways for the depth of the setback to protect against noise, dust, and
erosion The site plan shows the use of stockpiles and a berm for noise mitigation for the residence
closest to the equipment, which has been placed as far away as possible
The Weld County Code, Chapter 14, Article IX sets limits for noise levels in Weld County The
daytime limit (daytime defined as 7 00 a m to 9 00 p m ) for Industrial and Construction Activities
Resolution USR25-0002
Central Colorado Water Conservancy Distnct
Page 3
is 80 dBA during daytime hours The daytime noise level limit from any property transmitted to
Residential, Commercial, and Nonspecified areas is 55 dBA Noise levels must comply with the
limits set for the Industnal zone district, with measurements taken 25 feet from the property line
A noise modeling report from Wave Engineering submitted with the application concludes "As
currently designed, the worst case predicted sound levels meet the Weld County Industnal limit at
the property boundary The Residential and Commercial limit is not met at some points on the
property boundary but is met at all homes and commercial properties nearby As the pit is
developed and the mining equipment moves below the surface, the sound levels will reduce further
below the limit " Compliance with the noise control plan is required as part of the development
standards
CCWCD will provide dust abatement through its mining contractor A water truck will be used to
treat the on -site areas (haul roads, aggregate processing area, etc ) to suppress dust A water truck
and/or sprinklers will be used to control dust in circulation areas and matenal handling/stockpile
areas Daily, prior to starting up plant operations all haul roads, processing area, circulation areas,
and stockpiles will be inspected to determine if wetting the surfaces are needed Areas that cannot
be reached with the water truck will be wetted using spnnklers If at any time during the day the
mining operations begin to generate dust that isleavingthe site, CCWCD's contractor will have a
water truck on stand-by such that an area can be wetted immediately An Air Emission Permit
(APEN) from the State is required to cover dust control for mining operations, haul roads, and all
processing equipment
There will be a one -thousand- (1,000) gallon fuel storage tank at the staging area for the processing
plants and it will include secondary containment Mobile fueling/lubrication will typically be used to
fuel equipment A Spill Prevention, Control, and Countermeasure Plan will be available on -site
The applicant is requesting that the Weld County Board of County Commissioners extend the hours
of operation of the in -pit mining, storage, sales, and processing plant facility beyond daylight hours
to 24/7 operations for cities, counties, or CDOT, for night projects Section 23-4-290 B of the Weld
County Code, allows the Board of County Commissioners to authorize additional hours of operation
for sand and gravel operations when the Board deems appropriate
D Section 23-2-220 A 4 - The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within a Weld County Opportunity Zone, according, to the Weld County
Comprehensive Plan, which indicates the potential for future Industnal or commercial uses, which
are compatible with mining The site is classified as Urban -Non -Urban Mix on the Comprehensive
Plan Map, which indicates urban development is near, but still at least one (1) mile away In this
case, the urban -scale portion of the town of Gilcrest is exactly one (1) mile away
The site is located within the three (3) mile referral area and the Coordinated Planning Agreement
Area (CPA) for the Towns of Platteville, Milliken, and Gilcrest As part of the pre -application
process, the municipalities were sent a Notice of Inquiry (NOI) on November 13, 2023
All three municipalities returned 'Notice of Inquiry forms stating no desire to annex, the Town of
Platteville, November 13, 2023, the Town of Milliken, February 21, 2024, and the Town of Gilcrest,
January 17, 2025 The property is located outside the Urban Growth Area of both the Towns of
Milliken and Platteville
The property is located within the Town of Gilcrest Growth Pnonty Tier 3, according to the 2017
Gilcrest Comprehensive Plan Update "Tier 3 contains all remaining lands within the Planning Area
that would require significant capital investments to provide public services This tier offers
opportunities for additional IGA's with the surrounding municipalities and Weld County to help
ensure the Town has input regarding any potential development applications in this tier" And
Resolution USR25-0002
Central Colorado Water Conservancy District
Page 4
according to the 2012 Framework Plan included in the 2017 plat, the property is designated for
"Agriculture / Large Lot" development, contains a regional commercial node on the northwest
corner, outside of the proposed mining extent
The Towns of Gilcrest and Platteville submitted a joint letter on December 11, 2023, in accordance
with their Platteville-Gilcrest Coordination Agreement (2011) The letter stated concerns regarding
potential negative impacts to the South Platte River Corridor wildlife habitats, the danger if ground
water levels are raised, loss of developable land, and other impacts, such as traffic noise, air quality,
and aesthetics
The applicant submitted with the application minutes from a December 9, 2024, meeting of the
Board iof Trustees in which the Board indicated a desire for an Intergovernmental Agreement with
CCWCD but decided not to take action
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 located within any overlay district officially adopted by the County, including A-
P (Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay Distnct, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay
Distnct, or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6'- If the use is proposed to be located in the A (Agricultural) Zone, District, the
applicant -has demonstrated a diligent effort has been made to conserve Prime Farmland in the
locational decision for the proposed use
According to the U S Department of Agriculture Natural Resources Conservation Service Soil Map
submitted with the application, the soils, Olney fine sandy loam, Ascalon loam, and a small area of
Altvan loam,, are considered "Prime Farmland, if irrigated," with much of the Mine on sods
designated as "pnme" if, both irrigated and reclaimed of excess salts and sodium The subject
property is not irrigated at this time
The Weld County Comprehensive Plan also protects these lands from uses interfenng with
extraction of sand and gravel Mineral extraction will provide economic revenues for Weld County
from the land and will not interfere with the agncultural 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
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,
when combined with the provisions of the approved Division of Reclamation, Mining and Safety
permit 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, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the surrounding area with the
operation of open mining (sand, gravel, stone, and overburden) and processing of minerals
Resolution USR25-0002
Central Colorado Water Conservancy Distnct
Page 5
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 Prior to recording the map
A An Improvements and Road Maintenance Agreement is required for upfront off -site
Improvements for this site 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 Upfront off -site improvements for this project shall include the construction of a
westbound right turn deceleration lane' at the site's access point on County Road 40
(Development Review) _ ,
B The applicant shall submit a recorded copy of a lease agreement (for an access easement)
with the Meeting Cattle Company allowing the applicant to use a temporary access road
running from County Road 40 north to the southern site's access point The
agreement/easement shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number (Development Review) -
C The applicant shall address the requirements of the Colorado Department of Transportation,
as stated in their referral dated February 4, 2025 Wntten evidence of such shall be submitted
to the Weld County Department of Planning Services (Department of Planning Services)
D The applicant shall acknowledge the comments from the State of Colorado; Division of Wildlife,
as stated in their referral dated May 3, 2024 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of -Planning Services)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR25-0002 (Department of Planning Services)
2 The attached Development Standards (Depart'ment 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 The aenal background shall be removed from Sheet 3 (Department of Planning
Services)
5 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)
6 All signs visible from, nghts-of-way 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) 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 and rights -of -way by book and page number
or reception number and date (Department of Planning Services)
8 County Road 25 1/2 is a gravel road and is designated on the Weld County 'F unctional
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 USR map the existing nght-of-way (along
with its creating documents) and the physical location of the road All setbacks shall
Resolution USR25-0002
Central Colorado Water Conservancy District
Page 6
be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
9 County Road 40 is a gravel road west of the County Road 40 access point and is a
paved road east of the County Road 40 access point This section of County Road 40
is designated on the Weld County Functional Classification Map as a local road which
requires 60 feet of right-of-way at full butldout The applicant shall delineate and label
on the USR map the existing right-of-way (along with its creating documents) 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)
10 County Road 42 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 USR map the existing nght-of-way (along
with its creating documents) 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)
11 Show the approved Colorado Department of Transportation (CDOT) State Highway 60
access and label with the approved access permit number if applicable (Development
Review)
12 Show and label the approved access location, approved access width and the
appropriate turning radii (65') (Development Review)
13 Show and label the access easement and access road across the, Meinrng Cattle
Company's property (Development Review)
14 Show and label the approved tracking control (Development Review)
15 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)
16 Show and label the drainage flow arrows (Development Review)
17 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (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 penod (Department of Planning
Services)
Resolution USR25-0002
Central Colorado Water Conservancy Distnct
Page 7
4 Prior to Construction
A A Right-of-way Use Permit shall be acquired (Development Review)
B The applicant must obtain a permanent access permit in the approved temporary access permit
location (Development Review)
C The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
D If more than one (1)_ acre is to be disturbed for non -mining items such as structures, parking lots,
laydown yards, etc , a Weld County Grading Permit will be required (Development Review)
E Overweight and/or oversized special,transport permits from the Department of Public Works shall
be acquired for all applicable trucks (Development Review)
5 Prior to Operation - Mining
A If required, the applicant shall develop an Emergency Response Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management Submit evidence
pf 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)
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 USR25-0002
Central Colorado Water Conservancy District
Page 8
Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Michael Wailes
Michael Falun
Virginia Gudegahn
Barney Hammond
Against Passage Absent
Michael Biwer
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 Copy
I, Knstine 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 May 6, 2025
Dated the 6th of May, 2025
45\ibbnt-, Yk2/ 1.61
Kristine Ranslem
Secretary
Resolution USR25-0002
Central Colorado Water Conservancy District
Page 9
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sweet Valley Pit
USR25-0002
Use by Special Review, USR25-0002, for Open Mining and Processing of Minerals (Sand and Gravel
Mining) in the A (Agncultural) Zone District, subject to the Development Standards stated hereon
(Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23, Article
IV, Division 4 of the Weld County Code, as amended, including Operations policies and Reclamation
policies (Department of Planning Services)
4 The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety
112c Permit number M-2024-015 (Department of Planning Services)
5 All permitted operations shall be conducted dunng the hours of daylight, except in the case of a
declared emergency disaster by the Board of County Commissioners or as here stated When the
permitted operations are occurring at night, they will only occur when material is requested by cities,
counties, or CDOT, for night projects Operations will be considered "night operations" when they take
place between the hours of one (1) hour after sundown to one (1) hour before sunrise Depending on
the request of the 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 parking area for mine equipment, vendors and employees on the site shall be maintained
(Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
8 Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable (Department
of Planning Services)
9 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)
10 The property owner or operator shall provide wntten evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Platteville Fire
Protection Distnct and the Weld County Office of Emergency Management to the Department of
Planning Services (Department of Planning Services)
11 The property owner or operator shall maintain compliance with the accepted Communications Plan
(Department of Planning Services)
12 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)
13 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 USR25-0002
Central Colorado Water Conservancy Distnct
Page 10
14, There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
15 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)
16 The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement (Development Review)
17 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates (Development Review)
18 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attnbuted to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff (Development Review)
19 Weld County is not responsible for the maintenance of on -site drainage related features (Development
Review)
20 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)
21 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)
22 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 and the accepted waste handling
plan at all times (Department of Public Health and Environment)
23 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)
24 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)
25 The facility shall adhere to the maximum permissible noise levels allowed in the lndustnal Zone as
delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise
modeling report (Department of Public Health and Environment)
26 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)
27 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times Portable toilets and bottled water are acceptable Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers, contain hand sanitizers, and be
screened from existing adjacent residential properties and public rights -of -way (Department of Public
Health and Environment)
Resolution USR25-0002
Central Colorado Water Conservancy Distnct
Page 11
28 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)
29 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)
30 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)
31 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)
32 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)
33 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)
34 The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety (Department of Public Health and Environment)
35 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health
and Environment)
36 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
37 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
38 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 pnvate 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 Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A budding permit must be issued pnor 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 Fee, 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 USR25-0002
Central Colorado Water Conservancy Distnct
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 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)
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 penod 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, May 6, 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: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Virginia Guderjahn
Absent: Michael Biwer
Also Present: Diana Aungst, Molly Wright, and Angela Snyder, Department of Planning Services; Mike
McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Case Number:
Applicant:
Planner.
Request:
Legal Description:
Location:
USR25-0002
Central Colorado Water Conservancy District
Angela Snyder
Use by Special Review Permit for Open Mining and Processing of Minerals (sand
and gravel mining, known as the Sweet Valley Pit) in the A (Agricultural) Zone
District.
Lot A Recorded Exemption, RE -3144; and part of the NE1/4, both in Section 30,
Township 4 North, Range 66 West of the 6th P.M., Weld County; Colorado.
West of and adjacent to State Highway 60; south of and adjacent to County Road
42.
Angela Snyder, Planning Services, presented Case USR25-0002, reading the recommendation and
comments into the record. Ms. Snyder noted that 21 surrounding property owners were notified of this
proposed project and two (2) letters were received outlining concerns of light, noise, dust and truck traffic.
Both letters included requests for limits to be placed on the mining activities such as limiting hours and days
of operation, noise and trucks per hour. A landscape plan was requested from one property owner. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Mike McRoberts, Development Review. reported on the existing traffic, access to the site and drainage
conditions for the site.
Commissioner Hammond asked if CDOT had any comments about additional traffic. Mr. McRoberts said
that the applicant will be making some improvements to Highway 60 at County Road 40.
Commissioner White referred to a December 9, 2024 meeting and asked if that was with Gilcrest and who
was part of the intergovernmental agreement. Ms. Snyder replied that the meeting was with the Gilcrest
Board of Trustees and added that the Intergovernmental Agreement is with the Central Colorado Water
Conservancy District as they were considering coming into an agreement on the property.
JC York, J&T Consulting, 305 Denver Avenue. Ft. Lupton, Colorado. stated that Central Colorado Water
Conservancy District includes two subdistricts for the purpose of augmenting high -capacity wells primarily
irrigation wells for farmers and ranchers in Adams, Weld and Morgan counties. The water storage from
this gravel mine will complement the District's existing 22,000 acre feet of gravel pit storage along the South
Platte Basin and the proposed use of the reservoirs will increase the water yields for irrigation farms
adjacent to the immediate area.
Mr. York stated that they did receive approval of their DRMS permit on December 11, 2024. Mining will
begin in the north cell and will be placed on a conveyor across the ditch east to the processing facility.
Phase 2 will be in the south cell and will be conveyed over to the east side where the processing facility is
located. Reclamation will take place as mining progresses. Berms with native grass seeding that are eight
(8) feet tall will be near County Road 25.5 and CR 42 and adjacent to the residence east of the north cell.
1
Taller berms along Highway 60 and the Western Mutual Ditch to the north and east of the processing
facilities
Mr York provided details on the improvements they will be making to Highway 60 at County Road 40, per
the CDOT requirements
According to the noise study, they are able to keep the noise levels at 55 dba or less for the surrounding
residential properties
Mr York said they started this project in November 2023 and sent letters out to neighbors of the proposed
project Additionally, they met with the town of Gdcrest and provided updates to the surrounding properties
throughout the project
Commissioner Wailes referred to the matenal that would be processed on site and asked if sales will also
be on site Mr York said that after the trucks leave the site, they will go north or south on Highway 60 for
delivery to users, Additionally, they have included groundwater monitoring wells to make sure they are not
affecting groundwater in the area
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Patrick Maroney, 19619 CR 25 5, stated that he lives adjacent to the project He said that he appreciates
the communication from the applicants Mr Maroney expressed concern on truck traffic as they also have
a mine located to the west of their property He said that he is not opposed to this project, however, he
requested the reduction of truck traffic and for the operation to be dunng business hours so they can enjoy
their nights and weekends
Ken Poncelow, 12591 ,CR 42 said that so far the applicants have been good neighbors He said that
Highway 60 is already dangerous and they will only add 126 trucks on it He expressed concern on the
traffic safety on Highway 60 and the water will go over the middle of County Road 25 5 because of the
slurry walls
Mr York said that concerns regarding groundwater will be taken care of with mitigation so the drains and
the dewatenng wells will help transfer the water around the slurry wall back to the north side so that will
keep the water from raising up and causing issues
Mr York stated that the night work is not something they requested, but if there is an emergency from a
municipality they will work nights However, they will request an approval through the County
Commissioners He added that weekend operations will not include hauling material on Sundays
Mr York said that regarding the traffic concerns they have accepted the requirements by CDOT and plan
to make the roads safer with the improvements to Highway 60
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 USR25-0002 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 Michael Palizzi, Seconded by Barney Hammond
Vote Motion carned by unanimous roll call vote (summary Yes = 5)
Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Virginia Gudegahn
Meeting adjourned at 4 00 p m
Respectfully submitted,
Knstine Ranslem
Secretary
2
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