HomeMy WebLinkAbout20232698.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:
USR23-0018
Korwell Land Holdings, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for Open Mining
(topsoil) and employee and equipment parking associated with operations outside of
subdivisions and historic townsites. in the A (Agricultural) Zone District.
SW1/4 of Section 25. Township 4 North. Range 66 West of the 6th P.M., Weld
County, Colorado.
North of and adjacent to County Road 40; east of and adjacent to County Road 35.
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 22-2-30.C states "Harmonize development with surrounding land uses." Subsection C.3
states "Encourage development that preserves land for agriculture. rangeland, wetlands, and
critical habitats."
The landowner and miner are proposing to surface mine the topsoil under the center pivot only,
leaving the dry corners undisturbed to a depth of fourteen inches. The topsoil on site has been
measured between 14-18 inches in depth. The operator will extract approximately 12-14 inches of
topsoil and reclaim the disturbed area to support native, dryland grasses for uncommitted future
land -use.
Section 22-2-60.B states, "Support responsible energy and mineral development." Subsection B.1
states "Ensure that surface development reasonably accommodates mineral extraction."
The County recognizes that mineral resource extraction is an essential industry. The availability
and cost of materials such as topsoil, sand. gravels and stone, have an effect on the
successfulness for both agriculture, reclamation of land due to natural disasters and disturbance
and the retention of the viability of restoring the landform. The agricultural lands associated with
the surface estate is underlain with a viable fertile decomposed biologic matter formed over time by
a natural process. With the completion of mining, the site will be re -contoured, reseeded,
enhanced with a noxious weed treatment for reclamation success. The reclamation of
disturbed land is critical in reestablishing ecological functions, and to minimize long-term
effects from the mining operation to the extent practicable. To this effect, reclamation will be
completed to support native, dryland grasses for uncommitted future land -use and on -going
oil and gas facilities associated with a production well head sites.
Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists
or can be made available prior to development of energy and mineral resource production
facilities."
To address impact to the area roads, the Department of Planning Services — Development Review
is requesting the specific haul route to be outlined in the Conditions of Approval and Development
Standards. The Improvements Agreement and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 2
improvements The Improvements Agreement and Road Maintenance Agreement is a Condition of
Approval to be accepted by the Board of County Commissioners prior to recording the USR map
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District
Section 23-3-10 — Intent, of the Weld County Code states, "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County 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 "
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 a topsoil 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, Section 23-3-40 R allows for open mining (topsoil) 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 Also included are mobile mining equipment parking
and storage, and employee parking
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
Zoning in the area surrounding the site is (A) Agricultural There are four (4) residences within the
vicinity and five hundred notice area of the site Two (2) residential properties are directly adjacent
to the southwestern corner of the property Two (2) residences are directly adjacent to the
southeast corner of the property and one (1) residence located to the west is approximately 150 -
feet to the active mined area All other residences are located seven hundred fort -five feet or
greater in distance for the active mine site The mine site is planted in corn and the staging area is
located on approximately twenty (20) acres in the northwest quadrant of the property near
the PDC oil and gas encumbrances and more than fifteen hundred feet to the nearest
residence -
In addition to agricultural uses, there is oil and gas development and rural residential uses near the
site
There are multiple special use permits within one (1) mile, including the greater than 12 -inch HP
natural gas line (USR17-0050) that crosses the property adjacent to County Road 35 right-of-way, to
the east is an eight hundred head dairy (SUP -442), to the south is a Natural Gas Processing Station
(AMUSR-355) three (3) greater than 12 -inch HP natural gas pipelines (USR17-0049, USR18-0094 &
USR12-0006) and one greater than 10=inch HP natural gas pipeline (USR-958) The DCP Mewbourn
Gas Plant (5MJUSR17-98-542), a natural gas pump station (1 MUSR18-12-0074), an oil and gas
equipment storage yard (USR-1018) and the Cureton Gilcrest Gas Plant (1 MJUSRI9-14-0035)
The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property
Owners within 500 -feet of the site Planning staff received no letters from interested parties
Planning staff has received one (1) telephone call from an adjacent property owner who had general
questions about the land use permit
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 3
The Conditions of Approval require that the applicant submit an accepted Communications Plan,
Emergency Action and Safety Plan, an accepted Improvements and Road Maintenance Agreement
(for roads and traffic), and an Access Permit
The Noise Abatement Plan and Dust Abatement Plan have been submitted, reviewed and
accepted
The Development Standards and Conditions of Approval will assist in mitigating the impacts of the
facility on ttie adjacent properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The proposed mine is located within three miles from the City of Evans and Town of Gilcrest The
City of Evans returned the Notice of Inquiry dated August 23, 2022 that states "The proposed project
is outside the City of Evan's Future Land Use boundary " The City of Evans returned a referral
response dated June 15, 2023 indicating no conflict with their interests The Town of Gilcrest did not
return a referral response
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, Floodplain or Floodway, Geohazard
Development Area, the Municipal Separate Storm Sewer Systems (MS4) defined boundary, the
Historic Townsites or the Agricultural Heritage Overlay Districts
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 132 acres with 135 acres designated as of Farmland of Local
Importance per the NRCS Soil Survey for Weld County Per the NRCS report no prime farm ground
will be taken out of production Post mining the land will be reclaimed to support native, dryland
grasses for uncommitted future land -use and on -going oil and gas facilities associated with a
production well head sites
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 this
facility
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
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 4
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 and triggered off -
site improvements at this location
Road maintenance includes, but is not limited to, dust control and damage repair to specified haul
route The Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements (Development Review)
B An acceptable Final Traffic Study, stamped and signed by a professional engineer licensed in the
State of Colorado, shall be submitted (Development Review)
C The applicant shall acknowledge the requirements of Weld County Oil, Gas and Energy Department,
referral dated June 22, 2023, as stated in the referral response dated June 22, 2023 Written
evidence of such shall be submitted to the Weld County Department of Planning Services
(Department of Planning Services)
D The applicant shall address the concerns of the Colorado Division of Water Resources as stated in
their referral dated June 21, 2023, specific to use of the on -site water wells Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
E The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with
required information delineated per Chapter 23, Article IV, Section 23-4-270 A and B of the Weld
County Code (Department of Planning Services)
F The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land
Reclamation Board per Chapter 23, Article IV, Section 23-4-280 A of the Weld County Code
(Department of Planning Services)
G The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the
protection of the health, safety, and welfare of the inhabitants of the County Specifically, Section
23-4-280 B -D of the Weld County Code (Department of Planning Services)
H The USR map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0018 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 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)
5 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the
Weld County Code (Department of Planning Services)
6 The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees (Department of Planning Services)
7 Show the accepted Screening Plan addressing visual mitigation (Department of Planning
Services)
8 County Road 35 is a gravel road and is designated on the Weld County Functional Classification
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 5
Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing right -of- way (along with the
documents creating the existing right-of-way) and the physical location of the road All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
9 County Road 40 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
10 Show and label the existing permitted accesses and the proposed access onto CR 35 and onto
CR 40 For the proposed access, specify the approved access width, and the appropriate turning
radii on the site plan (Development Review)
11 Show and label the drainage flow arrows (Development Review)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
13 Show and label all recorded easements and rights -of -way by book and page number or reception
number and date (Department of Planning Services)
14 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)
15 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning
Services Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services The map shall
be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County
Code The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution The applicant shall
be responsible for paying the recording fee (Department of Planning Services)
16 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded
within the specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional three (3) month period
(Department of Planning Services)
2 Prior to Construction
A If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures,
parking lots, laydown yards et cetera a Weld County grading permit will be required prior to the start
of construction (Department of Planning Services - Development Review)
B The approved access and tracking control shall be constructed prior to on -site construction
(Department of Planning Services — Development Review)
3 Prior to Operation - Mining
A -The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 6
operator, the Fire Distract and the Weld County Office of Emergency Management Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
B The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety (Department of Planning
Services)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
Motion seconded by Shana Morgan
VOTE
For Passage
Elijah Hatch
Skip Holland
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Butch White
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, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on September 5, 2023
Dated the 5th of September, 2023
Kristine Ranslem
Secretary
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Korwell Land Holdings LLC
USR23-0018
Site Specific Development Plan and Use by Special Review Permit, USR23-0018, for Open Mining
(topsoil) and employee and equipment parking associated with operations outside of subdivisions and
historic townsites, in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 All permitted operations shall be conducted during the hours of daylight except in the case of a declared
emergency disaster by the Board of County Commissioners When the permitted operations are occurnng
at night, they will only occur when material is requested by cities, counties, or CDOT, for night projects
Operations will be considered "night operations," when they take place between the hours of one hour
after sundown to one hour before sunrise Depending on the request of the jurisdiction, night operations
could occur seven days per week When the operator becomes aware of projects that require night
operations, they will email the Weld County Planning Director to let him/her know about the plans to
operate outside of daylight hours, who the project is for, how long it will be occurring, and where the
materials are being delivered (Department of Planning Services)
4 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies (Department of Planning Services)
5 The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety
112c Permit number M2022-034 (Department of Planning Services)
6 Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined
by Weld County staff, require an amendment to this USR`permit (Department of Planning Services)
7 The number of on -site employees shall be up to three (3) as stated in the application materials
(Department of Planning Services)
8 The parking area for mine equipment and employees on the site shall be maintained (Department of
Planning Services)
9 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
10 The property owner or operator shall maintain compliance with the accepted Communications Plan
(Department of Planning Services)
11 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
12 The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan Required landscaping and screening shall be installed
within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs
sooner Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at
the earliest possible time (Department of Planning Services)
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 8
13 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)
14 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
15 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)
16 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)
17 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)
18 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
19 The property owner shall comply with all requirements provided in the executed Improvements
Agreement (Development Review)
20 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates (Development Review)
21 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)
22 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)
23 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)
24 Fugitive dust should attempt to be confined on the property Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan
(Department of Public Health and Environment)
25 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)
26 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise
evaluation report (Department of Public Health and Environment)
27 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)
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 9
28 Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from
existing adjacent residential properties and public rights- of -way (Department of Public Health and
Environment)
29 If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division (Department of Public
Health and Environment)
30 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)
31 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)
32 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health
and Environment)
33 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
34 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)
35 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 Chapter29 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)
36 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of
Planning Services)
37 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)
38 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(Department of Planning Services)
39 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)
40 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners (Department of Planning Services)
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 10
41 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)
42 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
43 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
44 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state ,
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
45 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Resolution USR23-0018
Korwell Land Holdings, LLC
Page 11
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,
but also for the protection of the farmer's livelihood
Summary of the Weld County Planning Commission Meeting
Tuesday. September 5, 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 1:30 pm.
Roll Call.
Present Elijah Hatch, Skip Holland, Michael Wailes, Pamela Edens, Michael Palizzi. Shana Morgan,
Virginia Guderjahn, Barney Hammond.
Absent: Butch White.
Also Present: Kim Ogle, Diana Aungst, and Tom Parko, Department of Planning Services: Lauren Light,
Department of Health: Karin McDougal, County Attorney, and Kris Ranslem. Secretary.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location
USR23-0018
Korwell Land Holdings, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for Open
Mining (topsoil) and employee and equipment parking associated with operations
outside of subdivisions and historic townsites, in the A (Agricultural) Zone District.
SW1/4 of Section 25. Township 4 North, Range 66 West of the 6th P.M Weld
County, Colorado.
North of and adjacent to County Road 40: east of and adjacent to County Road
35.
Kim Ogle, Planning Services, presented Case USR23-0018, reading the recommendation and comments
into the record. Mr. Ogle noted that notices were sent to eight (8) surrounding property owners. He added
that Staff received one (1) telephone call from a surrounding property owner regarding general inquiries
about the land use permit and another telephone call was received on inquiry of the location of the hearing.
Mr. Ogle stated that an electronic email was received regarding concerns of air quality and an approved
traffic haul route.
Mr. Ogle stated that the applicant is proposing to mine the upper 15 to 18 percent of topsoil from the irrigated
portion of the existing agricultural land in order to apply topsoil for reclamation of third -party development
sites. They will extract approximately 12 to14 inches of topsoil and leave at least three (3) to six (6) inches
on site for reclamation purposes. There will be third -party haulers using dump trucks throughout the life of
the mine. This is estimated to generate up to 30 trips (15 round trips) daily, five days per week. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Commissioner Wailes asked to clarify the number of traffic trips per day. Mr. Ogle replied that there will be
15 round trips.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, noise, Air Emissions Permit and the Waste Handling Plan.
Mr. Ogle stated that he was incorrect and said that the application stated 200 truck trips per day with 50
percent going north and 50 percent going south on County Road 35.
Will Charles, Baseline Engineering. 112 North Ruby Drive, Golden, Colorado. stated that 200 truck trips
was the initial expectation, however, in the traffic study that they will be submitting the expectation is 20 to
30 total daily trips or 15 round trips per day. He said that the 200 number was used before they knew how
much dirt would be able to be moved per day.
Trent Korby, 1832 Seadrift Court, Windsor, Colorado, stated that he is one of the partners for Korwell Land.
He stated that the premise for this is to provide the soil for reclamation projects for oil and gas and other
third -party considerations. He added that they intend to be a good neighbor.
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Commissioner Edens asked when topsoil is removed how long does it take to replenish that Mr Korby
said that he didn't know but added that they will leave three to six inches depending on the topography of
the section
Commissioner Hatch asked if it would return to agricultural use when reclamation happens Mr Korby
replied yes
Commissioner Wades asked if there will be stockpiling or if it will be a call to order for the topsoil Mr Korby
said that there will be some stockpiling but it will be scraped as needed to keep the stability of the soil Mr
Wailes asked how much would be stockpiled Mr Korby said that at the most there might be a few acres
of the property at any given time that will have a mound of dirt
Commissioner Holland asked if this property is currently irrigated Mr Korby said it is pivot irrigated He
added that it is currently sugar beets and corn
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Max Ulrich, 19401 CR 33, stated that he owns property to the west of the proposed mining operation Mr
Ulrich said that this ground was used previously for a dumping site for drill mud His biggest concern is the
traffic on the road He added that there is another mining operation down towards Gilcrest and they see a
lot of that traffic Mr Ulrich stated that County Road 35 is maintained by Weld County only one (1) day per
year
Rick Krumpeck, 17313 CR 38, stated that he lives approximately one (1) mile south of the proposed mining
operation Mr Krumpeck wished to answer Commissioner Eden's question regarding the topsoil and said
that the organic matter in topsoil is usually in the 12 to14 inches only After that there is no organic matter
and it doesn't regenerate unless organic matter is put back into it
Mr Krumpeck would like to have clarified where the access to the mining operation is on County Road 35
Mr Krumpeck referred to the stockpiling comments and said that they get some tremendous wind storms
and it can blow and asked if there will be a water truck available on the weekends to keep the dust down
Gerald Johnson, 18628 CR 33, stated that the previous owner saturated that property with drill mud He
said that it seems the first step would be to test the soil if it is viable Mr Johnson said that the applicants
stated that they want to return it to agricultural use but would like to define what the ag use would be He
added that the information is very vague to the surrounding land owners He asked who they are supposed
to call when the dust is blowing
Eric Ewing, 16974 CR 40, referred to Development Standard 3 related to expanding hours of operation into
the night if there is an emergency that the Planning Director would receive notice He asked if it would be
possible to add a notification requirement to the surrounding property owners within a certain distance of
the mine The Chair asked what distance he is proposing Mr Ewing said that he doesn't have a specific
distance but didn't know what seemed reasonable to the Planning Commission
Mr Ewing referred to Development Standard 33 regarding notifying the county of any revocation and/or
suspension of any state issued permit and asked if violation notices could be included as well
Mr Ewing stated that right before this hearing he called Mr Rasmussen who is one of the partners in this
project and added that Mr Rasmussen stated that the haul route would only be north to the pavement Mr
Ewing said that Mr Rasmussen verbally agreed to that and would like to see it in writing in the development
standards Mr Ewing stated that he would like to propose a change to the hours of operation from 8 am to
5 pm weekdays as the applicant is proposing daylight hours and that might be a little disruptive to his current
uses for his property
Commissioner Wailes said that the Planning Commission can amend development standards, however,
they try to shy away from that especially when in this case we are still waiting for a traffic study to come in
He added that they allow that to be handled by the County Commissioners because the Planning
Commission can spend a lot of time rewriting the development standards that may be overruled He added
2
that the comments made by the public are a part of the record and it is important as the County
Commissioners listen to the minutes
Rockelle Rissler, 17313 CR 38, Platteville, Colorado, stated that most of her concerns were addressed by
her neighbors She asked what round trip number will be in the USR permit and how will they be held to
that number She referred to the Surety Bond and said as of February 17, 2023 it is $0 according to the
State Division of Mining She stated that they are under air quality alerts every day and a lot of it is the
dust
Cindy Clement, 18520 CR 33, LaSalle, Colorado said that they have been inundated with industry and
surrounded by two (2) separate very large gas compressor plants These two plants constantly smoke,
buzz, flare and have a deafening rumble sound, and far too much truck and equipment traffic that tears up
the county roads She expressed concern with being overrun by industry and asked when it is enough
Will Charles said the Surety Bond was done in April 2023 so it should show up if you were to search for it
today Mr Charles said that the haul route is from County Road 35 to County Road 42 With regard to
future uses for this property they will be determined by who will come onto that property next Mr Charles
said that they are not planning for any lighting on this site so the daylight hours are beneficial to them for
this operation He said that they will be entering into a road maintenance agreement with the County Mr
Charles clarified that the access is in the northwest quadrant, as close as possible to the north but avoiding
the oil and gas appurtenances
Mr Korby said that when they bought the property none of the soil samples came back out of spec They
also have various clients that will take their own samples as well so they don't feel the soil is of concern
Mr Korby said that daylight hours is what they can commit to and anything else might be a condition of
approval They don't feel that the surrounding property owners are going to be impacted by anything
different than the agricultural uses in the area He added that there is a well on the property and can be
utilized for dust abatement
The Chair asked what the number of trips will be on the final permit Mr Charles said that it will be up to
30 trips per day He apologized for any confusion but 30 is the intended number He added that they have
applied for an Air Emissions Permit but haven't heard back yet from the State on any requirements that
they will have
Commissioner Hammond asked if there will be any signage for contact information for emergencies Mr
Korby said that signage will be posted near the entrance of the location
Commissioner Hammond asked if the existing well is permitted for the use they intend Mr Korby said it is
permitted for industrial use Mr Hammond asked about setbacks on the high-pressure gas line that runs
north and south Mr Charles said that they are only going down one and one-half feet but they will adhere
to the requirements Mr Hammond just wanted the applicants to be aware that you will be crossing over a
12 -inch high-pressure gas line with several trips a day
Commissioner Wailes asked Staff if the County is notified of any State violations Ms Light said that Staff
is notified as they have a contract with the State on air inspections but if there are other things they may
not be notified She said that they do receive a compliance advisory and added that this could be added in
the development standard
Commissioner Wailes asked if notice is given to surrounding property owners when hours of operation have
been expanded for emergencies Mr Ogle said the applicant would have to make a request to the Planning
Director for extended hours of operation and added that they would be surprised if the applicant would
request extended hours for a soil mine as the request has been typically used for aggregate mines
Commissioner Wailes said he is hung up on trips and is unsure if it needs to be included in the development
standards Melissa King, Development Review, stated that the original application included a short traffic
narrative that said 200 vehicle trips per day At that time Staff notified them that there would be concerns
from CDOT about the use of Highway 85 to the west and that Staff needed additional information Ms King
said that they hadn't heard back from the applicant so the information presented today is new information
However, they did write the resolution such that when an approved traffic report is submitted that the
3
improvements and road maintenance agreement will reflect the information in that Mr King referred to the
access and stated that the current proposed access point does not meet minimum spacing criteria,
however, because it is not an existing access point the actual location of it can be determined at access
permitting time
Commissioner Edens asked who monitors the trips per day Ms King said that if there are triggered
improvements Staff will go out annually and look at the traffic If it is a road maintenance agreement, then
they are put on a schedule to do road maintenance but with the dryness in the area we rely on the citizens
of the area to call and complain about the dust
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 USR23-0018 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 Wailes, Seconded by Shana Morgan
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland, Virginia Guderjahn
Commissioner Wailes said that pending the outcome of the traffic study, reasonable measures should be
taken for mitigation if that number is closer to 200 trips per day
Commissioner Hatch said that Staff has done a wonderful job and understands the difficulty of completing
and answering all the questions without having all of the information and hopes that all of this is clarified
before this goes before the County Commissioners
Meeting adjourned at 4 47 pm
Respectfully submitted,
45V.64W A466O1,
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
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