HomeMy WebLinkAbout20231099.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, 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:
USR22-0030
HS Land & Cattle. LLC, c/o Monarch Mountain Minerals and Aggregates. LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review for open mining
(sand, gravel. stone, and overburden) and processing of minerals. including the
import of material from, and export of material to other sites, a drying and screening
building and two (2) silos, a mine office/scale house and scale. a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage: and
employee and vendor parking outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Part SE1/4 /4 of Section 18; Part of the E1/2 and W1/2 of Section 19; Part of the NW1/4
of Section 30, all being located in Township 4 North. Range 66 West of the 6th P.M..
Weld County, Colorado.
Generally located north of County Road 40.5. west of State Highway 60, South of
County Road 46. and east of County Road 25.
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.
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.B states, "Support responsible energy and mineral development," and Subsection
B.1 states "Ensure that surface development reasonably accommodates mineral extraction."
The County recognizes that mineral resource extraction is an essential industry. The availability
and cost of materials such as sand and gravel, influence the successfulness of Quikrete's line of
commercial products. 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 as well as on -going oil and gas
o perations.
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
u ranium. 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.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists
o r can be made available prior to development of energy and mineral resource production
facilities.
CDOT in an electronic mail response dared February 7, 2023 stated "CDOT has reviewed the
construction timeline and traffic counts provided in the newest traffic impact study.
CDOT will allow for the temporary construction access at WCR 44 as auxiliary lanes are not
warranted by these temporary counts. CDOT will write the temporary permit to include the
specific temporary counts that are identified in the study and will allow for the 14 month timeframe
only. Once that time is complete, the full submittal, including design for the northbound left turn
RESOLUTION USR22-0030
HS Land & Cattle, LLC, do Monarch Mountain Minerals and Aggregates, LLC
Page 2
lane at WCR 44, will need to be submitted along with the long term access permit application as
CDOT's original comments back in July if of 2022 identified
To address impact to the area roads, the Department of Planning Services — Development Review
is requiring a Final Traffic Impact Study stamped and signed by a Professional Engineer registered in
the State of Colorado Also required is an Improvements and Road Maintenance Agreement with
triggered off -site improvements, and road maintenance Road maintenance includes, but is not
limitedto, 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 zoned (A) Agricultural The proposed project is a listed as an aggregate mine, permitted
in the (A) Agricultural Zone District as detailed in this Use by Special Review permit application, and
in the Weld County Code
Weld County_Code, Chapter 23, Article III,., Division 1, Section 23-3-10, states in part "The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses "
Chapter 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
Proposed permanent improvements include four slurry walls for dry mining and post -mining water
storage, and associated infrastructure to distribute water to and from water storage facilities A
permanent drying and screening building and silos will be located at the site south of the entrance
Other improvements include an office/shop, an aggregate plant, a scale and scale house, all with
associated parking The primary driveway to the aggregate will temporarily include signage, lighting,
fencing/screening and landscaping _ Parking will be located next to office and plant facilities for
employees and vendor parking
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) Agricultural 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 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 The site is bounded on the east by State Highway 60 and the South Platte
River to the western boundary of the mining area Within one -quarter mile of the mine site, are four
(4) Use by Special Review permits to the north,is USR-1009 for a recreational paintball facility and
USR-1354 for aggregate mining and a concrete batch plant, to the east is USR21-0004 for a solar
energy facility Planning staff is also aware of a pending aggregate mine, currently in review at the
State, DRMS Permit # M2022-001 for the Red Tierra Equities LLC, Section 20 mine To the west is a
high-pressure gas line, permitted under USR-1183 for Public Service of Colorado Within one-half
mile of the mine site are two (2) Use by Special Review permits to the north is USR-983 permitted
fora salvage yard and sales, and to the south is USR-839 fora commercial greenhouse Within one
(1) mile of the proposed mine site, there are no additional Use by Special Review permits, however,
the Town of Milliken municipal limits are about one -quarter (1/4) miles to the west
There are eighty-two (82) residences within one-half (1/2) mile of the mine site with the nearest
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 3
residences being the Karbowski-Brave parcel immediately adjacent to the USR-DRMS permit
boundary west of and adjacent to State Highway 60 and the Pouncelow Family Living trust parcel
located immediately adjacent to the USR-DRMS permit boundary and north of and adjacent to
County Road 42 There are twelve (12) residences located more than 200 -feet and less than 500 -
feet from the proposed mine limit
The Weld County Department of Planning Services sent notice to fifty-two (52) Surrounding Property
Owners Planning staff received one letter from an adjacent property owner to the north with
concerns about the area wildlife and impacts from the mining operations No additional written
correspondence or telephone 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, 2022 stated "Noise is restricted to the level allowed
in the industrial zone district and noise levels are measured 25 feet from the property tine The
application materials contain a noise modeling report, conducted by Behrens and Associates,
Inc , which indicates the industrial level can be met 25 feet from property boundary The
conclusion in the report states "The results of the noise modeling indicate that the Monarch
Mountain mining and processing operations for all modeled phases are predicted to comply with
the allowable Industrial 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 Plans of affected municipalities
The site is located within a three (3) mile referral area of five (5) municipalities, the City of Evans and
Towns of Johnstown, Milliken, Platteville and Gilcrest The proposed mine is also located with the
Coordinated Planning Agreement (CPA) areas for the City of Evans and the Towns of Milliken and
Platteville
The proposed mine is located within the Weld County and the City of Evans, and Towns of Milliken
and Platteville Coordinated Planning Agreement Area The City of Evans in an undated signed
Notice of Inquiry stated "The City of Evans appreciates the referral opportunity These properties are
outside the City's 2022 Three -Mile Plan The City of Evans does not have concerns about the
proposed development If the haul route is to be across or on City of Evans - maintained roads,
properties or easements, the applicant is required to enter into an agreement with the City of Evans
Thank you again for this opportunity " The Town of Platteville returned the NOI dated March 10,
2022, stating "Development Area is outside (north) of the Town of Platteville's Growth Boundary "
The Town of Milliken did not respond to the NOI
The City of Evans returned a referral dated November 18, 2022 expressing "The NOI provided by
the City of Evans in March still stands The city has no concerns with the project and appreciates
the opportunity to comment If any traffic should be entering the city jurisdiction, please contact
RESOLUTION USR22-0030
HS Land & Cattle, LLC, do Monarch Mountain Minerals and Aggregates, LLC
Page 4
us for a long-term road maintenance agreement "
In a letter dated December 13, 2022, "The Towns of Gilcrest and Platteville returned a referral dated
December 13, 2022, jointing signed by Mayor Tyson Chavez, Town of Gilcrest and Mayor Adrienne
Sandoval, Town of Platteville stating "The Town of Gilcrest received a referral from Weld County
for a Site Specific Development and Use by Special Review for a gravel mine to be located along
the west side of SH-60 between WCR-42 and WCR-46 in Weld County The site is 0 2 miles
east of the South Platte River and includes seven (7) parcels totaling approximately 790 acres
that are zoned A (Agriculture) Zone District The Town of Gilcrest appreciates the opportunity
to comment on land development applications
The proposed gravel mine is located within the Town's Urban Growth Boundary and the
Platteville- Gilcrest Coordination Area as 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
The Town of Gilcrest and Platteville have shared concerns with the proposed gravel mine
stemming from potential negative impacts to the South Platte River Corridor, wildlife habitats,
100 -year floodplain and overall increased traffic generation in the area The Town of Gilcrest
has additional concerns related to the lack of conformance with the Gilcrest Comprehensive
Plan, noise, air quality, aesthetics, and the potential detrimental impact on local groundwater
levels In particular, any increase in groundwater level will have a disastrous impact on the Town
Gilcrest and its residents If this project moves forward with or without annexation the Town of
Gilcrest needs the applicant to adequately monitor groundwater with a legal obligation to
mitigate any adverse impact
The Town of Gilcrest did not receive a Notice of Inquiry pursuant to the Coordinated Planning
Agreement, Article XVI - Gilcrest Plan of the Weld County Code Nonetheless, the Town requests
the County notify the applicant of the opportunity for annexation to the Town of Gilcrest and
to not consider the proposed Development unless the applicant or its predecessor has submitted
a complete annexation petition and has been denied said annexation by the Town of Gilcrest
for a substantially similar development on the same property within the preceding twelve (12)
months as outlined in Article XVI, Sec 19-16-50 (C) 1 of the Weld County Code
On behalf of the Towns of Gilcrest and Platteville, we appreciate the County's continued support of
the Coordinated Planning Agreements that accomplish the type of development within our urban
growth boundaries which best protect the health, safety, prosperity, and general welfare of our town
residents and achieve maximum efficiency and economy in the process of development "
The Inter -governmental Agreement (IGA) with the Town was entered into and effective as of April 4,
2005 This IGA is an older agreement delineating a static urban growth boundary Furthermore, the
project is located outside Gilcrest's Urban Growth Boundary (UGB) as depicted on the map refenced
in Chapter 19 Weld County Planning Services reviewed the current IGA for the Town of Gilcrest and
determined that the UGB and the IGA boundary extend west to the State Highway 60 right-of-way
The proposed Monarch Mountain Minerals and Aggregates, LLC, DENM Mine is located west of
State Highway 60 right-of-way and outside of both the County recognized Coordinated Planning
Agreement (CPA) and UGB boundary for each municipality Further, Weld County is not party to the
2011 Intergovernmental Agreement between the Towns of Gilcrest and Platteville Staff
contacted the Town Administrator for the Town of Gilcrest to express our appreciation for
the referral while providing comment on the jurisdictional defect of their request
The Town of Milliken did not return a referral response
The proposed mine site is located outside of the City of Evans' Future Land Use Map as defined
in the 2014 Comprehensive Plan, the Town of Johnstown's Future Land Use Map as defined in
the 2021 Comprehensive Plan, the Town of Platteville's Three Mile Area Plan as defined in the
2017 Comprehensive Plan The proposed mine is located within; the Town of Milliken's
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 5
Framework Plan which delineates the lands to the west of the South Platte River as Greenway /
Parks and Recreation The proposed mine is also identified as the "Platteville & Gilcrest
Coordination Area" per the Town of Gilcrest's Framework Plan map
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Greeley -Weld County Airport, Geohazard Development Area, the
Municipal Separate Storm Sewer Systems (MS4) defined boundary, the Historic Townsites or the
Agricultural Heritage or Disproportionately Impacted Communities Overlay Districts
The property is located within the AE Flood Zone floodplain as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Maps #08123C -1704F, 1708F, 1715F, and
1720F issue date September 17, 2020, and LOMR 21-08-1196P effective date January 9, 2023,
(South Platte RiverFloodplain) Any construction in the floodplain requires a floodplain permit
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The proposed mine site is located on 568 45 acres of Farmland of Statewide Importance and 231 05
acres of other land per the NRCS Soil Survey for Weld County Post mining the land will be
reclaimed back to four (4) water storage reservoirs, wildlife habitat and dryland agriculture
As stated, the properties contain some Farmland of Statewide and Local Importance however, the
property also contains a commercial mineral deposit, which state statutes say must be protected from
development The Weld County Comprehensive Plan also protects these lands from uses interfering
with extraction of sand and gravel Mineral extraction will provide economic revenues for Weld
County from the land and will not interfere with the agricultural productivity of surrounding properties
Colorado Revised Statutes provides for the extraction of mineable resources prior to and surface
development
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
This 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
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 road maintenance and triggered
off -site improvements at this location Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes (Development Review)
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 6
B A Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the State
of Colorado is required (Development Review)
C The applicant shall acknowledge the recommendations of the Oil and Gas Energy Department, as
stated in the referral response dated November 21, 2022 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning Services)
D The applicant shall acknowledge the recommendations of the State of Colorado Division of Water
Resources as stated in the referral response dated November 16, 2022 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
E The applicant shall acknowledge the recommendations of the Town of Gilcrest as stated in the
referral response dated December 13, 2022 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
F The applicant shall address the requirements of the Weld County Office of Emergency Management
as stated in their referral dated November 15, 2022, specific to an Emergency Action Plan Written
evidence of such shall be submitted to the Weld County Department of Planning Services (Weld
County Office of Emergency Management)
G The applicant shall address the requirements of the Platteville-Gilcrest Fire Protection District as
stated in their referral dated December 1, 2022 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Platteville-Gilcrest Fire Protection District)
H The applicant shall provide evidence of the access permit issued by the Colorado Department of
Transportation (CDOT) which grants access to State Highway 60, and written evidence that the
applicant has complied with the requirements of the CDOT (Department of Planning Services)
The applicant shall provide recorded copies of all easements and or crossing agreements associated
with the Western Mutual Ditch Company (Department of Planning Services)
J The applicant shall submit a detailed drawing of the processing area, scale, and scale house at a
minimum for review and acceptance by the Department of Planning Services (Department of
Planning Services)
K The applicant shall submit written evidence that each petroleum fuel tank is permitted by the State of
Colorado Department of Labor and Employment Oil and Safety Division are in compliance with the
Platteville-Gdcrest Fire Protection District rules and regulations Written evidence of such, or
alternatively, written evidence of an exception to these requirements, shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
L A Decommissioning Plan for all permanent and temporary structures, buildings and equipment
associated with the processing of material associated with the aggregate mine shall be submitted to
and accepted by the Department of Planning Services (Department of Planning Services)
M A Communication Plan shall be submitted to and accepted by the Department of Planning Services
(Department of Planning Services)
N A Lighting Plan shall be submitted to and accepted by the Department of Planning Services
(Department of Planning Services)
O The applicant shall contact the oil and gas producer to obtain, in writing, permission to utilize their
access road for the mine access road (Department of Planning Services)
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 7
P The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with
required information delineated per Chapter 23, Article IV, Section 23-4-270 A and B of the Weld
County Code Department of Planning Services)
Q The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land
Reclamation Board per Chapter 23, Article IV, Section 23-4-280 A of the Weld County Code
(Department of Planning Services)
R The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the
protection of the health, safety, and welfare of the inhabitants of the County Specifically, Section
23-4-280 B -D of the Weld County Code (Department of Planning Services)
S The USR map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR22-0030 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-2W D of the Weld County Code
(Department of Planning Services)
4 Show the floodplain and floodway (if applicable) boundaries on the map Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study
(Department of Planning Services - Floodplain)
5 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the
Weld County Code (Department of Planning Services)
7 The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees (Department of Planning Services)
8 CR 44 is a paved road and is designated on the Weld County Functional Classification Map as
an arterial road which requires 140 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
9 CR 25 5 is a gravel road and is designated on the Weld County Functional Classification Map as
a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road All setbacks shall be measured
from the edge of right-of-way This road is maintained by Weld County (Development Review)
10 CR 42 is a gravel road and is designated on the Weld County Functional Classification Map as
an local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road All setbacks shall be measured
from the edge of right-of-way This road is maintained by Weld County (Development Review)
11 Show the Colorado Department of Transportation (CDOT) right-of-way, for State Highway 60, on
the site map along with the documents creating the right-of-way (Development Review)
RESOLUTION USR22-0030
HS Land & Cattle, LLC, do Monarch Mountain Minerals and Aggregates, LLC
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12 Show the approved Colorado Department of Transportation (CDOT) access point on the site
map and label with the approved access permit number if applicable (Development Review)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
14 Show and label the entrance gate if applicable An access approach that is gated shall be
designedso that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed In no event, shall the distance from the gate to the edge of
the traveled surface be less than thirty-five (35) feet (Department of Planning Services)
15 Show and label all recorded easements and rights -of -way by book and page number or reception
number and date (Department of Planning Services)
16 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50 E of the Weld County Code (Department of Planning
Services)
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 Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within the specified timeline 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 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
B The applicant shall submit a Floodplain Development Permit (FHDP) prior to construction or
placement of any structures or ancillary equipment including scale, scale house, portable toilets, etc
and any prior to any mining operations, if applicable (Department of Planning Services —
Floodplain)
C The applicant shall address the requirements of CDOT specific to a new access permit, as stated in
the referral response dated November 15, 2022, and February 7, 2023 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
5 Prior to Operation - Mining
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
B The CDOT approved access, tracking control and all off -site improvements shall be constructed prior
to any on -site mining and hauling operations for access onto State Highway 60 (Department of
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 9
Planning Services)
C Accepted construction drawings and construction of the overhead conveyor crossing County Road 42
are required prior to operation, as applicable (Department of Planning Services)
D The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety (Department of Planning
Services)
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 (Department of Planning
Services)
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Skip Holland
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, Michelle Wall, 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 April 4, 2023
Dated the 4° day of April 2023
Michelle Wall
Secretary
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
HS Land and Cattle, LLC
Monarch Mountain Minerals and Aggregates, LLC
Monarch DENM Gravel Mine
USR22-0030
Site Specific Development Plan and Use by Special Review, USR22-0030 for open mining (sand, gravel,
stone, and overburden) and processing of minerals, including the import of material from, and export of
material to other sites, a drying and screening building and two (2) silos, a mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage,
employee and vendor parking, outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 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 M2022-009 (Department of Planning Services)
5 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)
6 There shall be no hauling of mined materials, including sand, gravel, stone, and overburden, or the
importation of material from and exportation of material to other sites without first constructing the
off -site transportation infrastructure improvements and obtaining an approved Colorado Department
of Transportation (CDOT) access permit (CDOT)
7 All permitted operations shall be conducted during the hours of daylight, except in the case of a declared
emergency disaster by the Board of County Commissioners When the permitted operations are
occurring at night, they will only occur when material is requested by cities, counties, or CDOT, for night
projects Operations will be considered "night operations" when they take place between the hours of one
(1) hour after sundown to one (1) hour before sunrise Depending on the request of the jurisdiction, night
operations could occur seven (7) days per week When the applicant becomes aware of projects that
require night operations, they will email the Weld County Planning Director about the plans to operate
outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are
being delivered (Department of Planning Services)
8 The number of on -site employees shall be up to twelve (12), as stated in the application (Department of
Planning Services)
9 The parking area for mine equipment, vendors and employees on the site shall be maintained
(Department of Planning Services)
10 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
11 The Property Owner shall maintain compliance with the accepted Screening Plan (Department of
Planning Services)
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 11
12 The Property Owner shall maintain compliance with the accepted Decommissioning Plan (Department of
Planning Services)
13 At the conclusion of the extraction of aggregate resources from the defined mine boundary, the office,
aggregate plant, drying and screening building and a dried sand warehouse and all associated operations
shall be removed from the property (Department of Planning Services)
14 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)
15 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15. of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
16 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
17 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
18 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
19 The property owner shall comply with all requirements provided in the executed Improvements and Road
Maintenance Agreement (Development Review)
20 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)
21 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
22 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)
23 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)
24 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
25 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 (Department of Public Health and
Environment)
26 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)
RESOLUTION USR22-0030
HS Land & Cattle. LLC. c/o Monarch Mountain Minerals and Aggregates, LLC
Page 12
27. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise modeling
report. (Department of Public Health and Environment)
28. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
29. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. as applicable. (Department of Public Health and Environment)
30. 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)
31. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from
existing adjacent residential properties and public rights -of -way.
32. 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.
33. 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.
34. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations.
35. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must
be stored secure. on an impervious surface. and in accordance with manufacturer's recommendations.
36. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety.
37. The operation shall comply with the Mine Safety and Health Act (MSHA).
38. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
39. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code.
40. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps #08123C -1704F. 1708F, 1715F, and 1720F issue date September 17, 2020 and
LOMR 21-08-1198P Effective Date January 9, 2023, (South Platte River Floodplain). Any development
shall comply with all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplain)
41. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development
activities. the owner should contact Weld County to determine if the floodplain boundaries have been
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 13
modified (Department of Planning Services - Floodplain)
42 Attempt to build the berms parallel to the flow of floodwaters (Department of Planning Services —
Floodplain)
43 All transient equipment including temporary structures and portable toilets shall be anchored (Department
of Planning Services — Floodplain)
44 The installation of any septic system within the 100 -year floodplain shall comply with the Weld County
O WT S floodplain policy (Department of Planning Services - Floodplain)
45 At the time of reclamation, an analysis of the change in the base flood elevation will be required If the
base flood elevation has a change of either 0 31 feet increase or decrease, a Letter of Map Revision
(LOMR) will be required within six (6) months of reclamation (Department of Planning Services —
Floodplain)
46 Building permits may be required, for any new construction, setup 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, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building Inspection)
47 A building permit is required for any foundations, truck scale & scale house, cargo containers An
electrical permit for equipment on a sand & gravel mining operation (Department of Building Inspection)
48 Necessary personnel from the Weld County Departments of Planning Services, Development Review,
and Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
49 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department of
Planning Services (Department of Planning Services)
50 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
51 A Use by Special Review shall terminate when the Use is discontinued for a period of three (3)
consecutive years, the Use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the Use, or Planning Services staff may observe that the Use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 14
52 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
53 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, CRS , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
RESOLUTION USR22-0030
HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Page 15
but also for the protection of the farmer's livelihood.
Summary of the Weld County Planning Commission Meeting
Tuesday, April 4; 2023
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,
Elijah Hatch. at 1:32 pm.
Roll Call
Present: Elijah Hatch, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan.
Absent: Skip Holland.
Also Present: Kim Ogle, Chris Gathman. and Maxwell Nader, Department of Planning Services; Lauren
Light, Department of Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the March 7, 2023, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Michael Palizzi. Motion passed unanimously.
Case Number
Applicant:
Planner:
Request:
Legal Description:
Location:
USR22-0030 (continued from March 7, 2023)
HS Land & Cattle. LLC, c/o Monarch Mountain Minerals and Aggregates, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review for open mining
(sand, gravel, stone, and overburden) and processing of minerals, including the
import of material from, and export of material to other sites. a drying and screening
building and two (2) silos, a mine office/scale house and scale, a fueling/lubricating
station. portable generators, mobile mining equipment parking and storage; and
employee and vendor parking outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Part SE1/4 /4 of Section 18; Part of the E1/2 and W1/2 of Section 19; Pad of the
NW1/4 of Section 30. all being located in Township 4 North, Range 66 West of the
6'~ P.M., Weld County, Colorado.
Generally located north of County Road 40 5. west of State Highway 60. South of
County Road 46, and east of County Road 25
Kim Ogle, Planning Services, presented Case USR22-0030. reading the recommendation and comments
into the record. Planning Services sent notice to 52 surrounding property owners. Planning staff received
one letter from an adjacent property owner to the north with concerns about the area wildlife and impacts
from the mining operations. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Lauren Light Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan Ms. Light stated that she recommends Development Standards
number 10 through 18, that are outlined in the Environmental Heath Referral report be added to the
Environment Heath section of the Development Stands in the resolution.
Eric Leigh, Quikrete, 833 Allen Drive, Longmont, Colorado Monarch Mountain Minerals and Aggregates
is part of the Quikrete Family of Companies founded in 1940. They have 11 business units in Colorado
including 6 plants in Northern Front Range. Each operate multiple shifts during daylight hours. The
company uses their own trucks. A community meeting was held in March of 2022. A community advisory
panel will be formed moving forward. Mr. Leigh said that they have committed to not utilize haul trucks
close to the homes located on the south end of the property unless it was under an emergency basis. They
have also agreed to not have any earth berms any higher than a typical corn height in order to not obstruct
the neighbors' views of the mountains
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Development Standards as recommended by staff, Moved by Michael Wailes, Seconded
by Sam Gluck. Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended 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 USR22-0030 to the Board of County Commissioners along with the Conditions of
Approval and Amended Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana
Morgan
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 30 pm
Respectfully submitted,
qinechd-et, oa We--e-
Michelle Wall
Secretary
ATTENDANCE RECORD
AntI mot, 2023
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