HomeMy WebLinkAbout20231962.tiffPlanner:
Case Number:
Property
Owner:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcels:
Mined Area:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
1 MJUSR23-14-0005
Terry Grazing Association in association with JRT Limited Partnership
c/o Amy J. Lenhart, P.O. Box 3170, Cheyenne, WY 82003
Hearing Date: June 6, 2023
Connell Resources, Inc.
c/o John Warren, 7785 Highland Meadows Pkwy, Suite 110, Fort Collins, CO 80528,
Blue Earth Solutions, LLC
c/o Bill Schenderlein, P.O. Box 2427, Fort Collins, CO 80522
Site Specific Development Plan and First Major Amended Use by Special Review
Permit, 1MJUSR23-14-0005 for Open Mining (sand, gravel and stone), materials
processing, an Asphalt batch plant, employee and equipment parking associated
with operations, mine support infrastructure outside of subdivisions and historic
townsites in the A (Agricultural) Zone District
Section 21 and SW4 & S2SE4 & NW4SE4 & SW4NE4 of Section 22, Township 11
North Range 67 West of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 126, east of and adjacent to County Road 17
and West of County Road 21
+/- 935 acres Parcel No's. 0201-21-0-00-002
+/- 456 acres (existing) 0201-22-0-00-003
+/- 295 acres (additional acres, for a total of +/- 751 acres mined
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
▪ Weld County Planning Services - Development Review, referral dated February 1, 2023
▪ State of Colorado Division of Water Resources. referral dated February 2, 2023
▪ Weld County Oil, Gas and Energy Department, referral dated February 3, 2023
▪ U.S. Fish and Wildlife Service, referral dated February 14, 2023
▪ Weld County Department of Public Health and Environment, referral dated February 14, 2023
▪ U.S. Department of Interior, Fish and Wildlife Service, referral dated February 17 and June 2, 2023
▪ Colorado Parks and Wildlife, referral dated February 17, 2023
1MJUSR23-14-0005 — Connell Resources Inc.
Page 1
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
▪ Weld County Sheriff's Office, referral dated January 30, 2023
▪ Tri-State Generation and Transmission Company, Inc., referral dated February 1, 2023
▪ Weld County Department of Planning Services - Code Compliance, referral dated February 2, 2023
▪ West Greeley Conservation District, referral dated February 13, 2023
▪ Weld County Department of Planning Services - Floodplain Administrator referral dated February 23, 2023
▪ State of Colorado Geologic Survey, referral dated February 27, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
▪ History Colorado
▪ Poudre Valley REA
▪ Union Pacific Railroad
▪ Larimer County Planning
▪ Nunn Telephone Company
▪ Nunn Fire Protection District
▪ Platte River Power Authority Company
▪ Colorado Department of Transportation
▪ United States Army Corps of Engineers
▪ Weld County Office of Emergency Management
▪ State of Colorado, Division of Reclamation, Mining and Safety
▪ Weld County Department of Planning Services - Building Inspection
Case Summary:
Connell Resources, Inc. which will be operated under Colorado Division of Reclamation Mining Safety permit no.
M2014-001 is working to amend the permit and further develop sand and gravel mining operations in Weld County.
The existing pit was located on 640 acres of which 395 acres were mined. This expansion includes an additional
295 acres of which 161 acres will be mined. This site, known as the Carr Pit East will mine pit run material that will
be hauled or conveyed to the processing plant previously permitted under USR14-0005 located approximately six
hundred (600) feet east of County Road 17 and approximately one thousand (1000) feet north of County Road 126
within the original (USR14-0005) mine area, where raw material and product stockpiles will be located. There
will be no permanent structures on site as part of the mining operation. A portable processing facility for product
crushing and screening will be brought to the site and used as needed. The facility will be located within the pit
close to where active mining is occurring or near the site entrance.
The mining support infrastructure already established at the existing site, such as the portable processing facility,
office/scale house trailer, and mine equipment maintenance building, will be used by operations accessing the
amendment area. The office/scale house and maintenance building area at the previously approved site will also
be used for employee parking, equipment fueling/lubricating, or equipment storage. In addition to the existing
infrastructure, portable asphalt plants may be used on the site as needed. The asphalt plants would be located in
the mine pit near the portable processing facility to minimize material handling and hauling distances. Mobile mining
equipment including loaders, scrapers, and excavators will be used within the proposed amendment area.
Additional vehicles may include company pickup trucks and haul trucks. All processing equipment shall be
maintained and used on the existing Pit site
During full mining operations, approximately two to three (2 to 3) employees will be on -site. Only one (1) day -time
shift is anticipated. Others using the site will include material haul truck drivers. As trucks enter the site, are loaded,
and leave the site, the number on -site at any one time will likely not exceed two (2) drivers.
The amendment area will be dry mined in two (2) phases; the first phase north of Lone Tree Creek and the second
phase south of the creek. When Phase I mining is complete, a temporary crossing will be established through the
Lone Tree Creek drainage and Phase II will be mined. Mining and reclamation of Phase I (102.7 acres) is expected
1MJUSR23-14-0005 — Connell Resources Inc.
Page 2
to take from four to six (4 to 6) years and Phase 11(20.2 acres) should take approximately one to two (1 to 2) years,
depending upon material demand. All necessary permits will be or have been obtained and any special
construction techniques will be used to reduce impacts and create a stable crossing through the ephemeral
drainage. Mining will not occur within the Lone Tree Creek channel.
The sand and gravel deposit in the amendment area is located on benches adjacent to Lone Tree Creek and
varies from eight (8) to twelve (12) feet in depth. Soils are typically less than six inches thick on the site, but
overburden thickness can range from less than six (6) inches to over four (4) feet. The creek, which bisects the
southern portion of the amendment area, is ephemeral, only flowing in response to major rain or snowmelt events.
Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Although both
the north and south side of the creek will be mined, non -disturbed offset areas will be established to protect the
creek from mining disturbances. Mining will proceed by first stripping and stockpiling topsoil and overburden. The
exposed gravel will then be removed in lifts and transported to the Connell Carr Pit processing facility. Since the
material is unconsolidated deposits, no blasting is required. The aggregate material will be recovered using
equipment typical for sand and gravel mining operations. During mining and reclamation activities, watering trucks
for dust control will be used as needed.
Reclamation of the proposed amendment area will create rangeland, which is the pre -mining land use. The
experience of the ranching landowner and expertise from the Natural Resources Conservation Service, Colorado
Division of Parks and Wildlife, and natural resource consultants will be utilized during site reclamation. Much of the
pit, after mining, will contain a pit floor that gently drains toward Lone Tree Creek. The pit floor will be blended into
the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit
side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" to preserve
overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by
mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation
will generate a blend of grass species and, given suitable precipitation, should produce beneficial vegetation cover
over much of the reclaimed site.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR
THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld
County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect.
Section 22-2-60.B states, "Support responsible energy and mineral development," 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 Connell Resources 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 rangeland and
wildlife habitat.
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
uranium. High -quality sand and gravel deposits in the County are found along major drainage ways.
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the mine area is classified
as T-1, Stream Terrace Deposits — Fine Aggregates including sands ranging from coarse gravelly stream
sands to fine grained wind deposited dune sands.
1MJUSR23-14-0005 — Connell Resources Inc.
Page 3
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."
The Department of Planning Services — Development Review is maintaining the current Improvements
and Road Maintenance Agreement with triggered off -site improvements, and road maintenance to address
impact to the area roads. Road maintenance includes, but is not limitedto, dust control and damage repair
to specified haul routes. The Improvements and Road Maintenance Agreement accepted by the Board of
County Commissioners in 2014.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District.
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."
The use is consistent with the intent of the district in which the site is located. The site is zoned (A)
Agricultural. The proposed project is a listed as an aggregate mine, permitted in the (A) Agricultural Zone
District per Chapter 23, Article III, Division 1, Section 23-3-40.R which 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.
There are no proposed permanent improvements in the amendment area. Existing improvements include
the portable processing facility, office/scale house trailer, and mine equipment maintenance building.
Parking will be located next to office and plant facilities for employees and equipment 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. With the exception of the community of Carr,
properties surrounding the proposed Connell Carr Pit site are primarily rural agricultural non -irrigated
rangeland. The community of Carr includes approximately 30 to 40 semi -rural residential home lots south
of the site. Adjacent to the west side of the proposed amendment area is the previously approved Connell
Carr Pit (M2014-001) and southeast is a permitted aggregate mining property L.G. Everist aggregate
mining property (M-1988-048) and the L.G. Everist and Plains All-American Pipeline railroad load -out yard.
The rural nature of the area and the existing mining operations make the proposed mining operation and
reclamation plan compatible with surrounding land uses.
There are eighteen (18) properties and ten (10) property owners within 500 -feet of the mine site. The
Neubauer residence is within the notice area. There are thirty-nine (39) residences within one-half mile
of the mine site. The Weld County Department of Planning Services sent notice to Surrounding Property
Owners. Planning staff received several telephone calls specific to the proposed facility including the
permitting of the Hot Mix (Asphalt) plant, dust from material processing and truck traffic on area roads, no
written correspondence was received prior to preparation of the PC resolution.
The Noise Modeling Report has been submitted and reviewed. Environmental Health Services in their
referral dated February 14, 2023, stated "Noise is restricted to the level allowed in the industrial zone district
and noise levels are measured 25 feet from the property line. The application contains a noise modeling
report, conducted by Behrens and Associates, Inc., which indicates the industrial level can be met 25 feet
from property boundary. The report concludes: "Three scenarios were constructed and modeled to
represent three possible mining configurations at the site. For Scenario 1, the mining operation noise
modeling results indicates that the predicted noise levels will be up to 49.0 dBA at Receptor 1. For Scenario
2, the mining operation noise modeling results indicates that the predicted noise levels will be up to 47.7
dBA at Receptor 4. For Scenario 3, the mining operation noise modeling results indicates that the predicted
1MJUSR23-14-0005 — Connell Resources Inc.
Page 4
noise levels will be up to 47.2 dBA at Receptors 4 and 5." Adherence to the noise modeling report is
required.
Dust abatement will consist of watering roads and not mining when there are high winds. Water used for
dust control will be trucked to the site from an existing well owned by the applicant. An Air emission
permits (APEN) from the State is required and will address dust control for mining operations, haul roads,
and any sand and gravel processing equipment.
Storage of waste and chemical and petroleum products within the amendment area is not proposed.
Maintenance of mobile equipment will not occur within the amendment area and fueling will take place
using mobile fueling trucks.
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 not located within a three (3) mile referral area of any municipality, nor is it located within any
existing Intergovernmental Agreement Area (IGA) or Coordinated Planning Agreement Area (CPA) of a
municipality
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County
Code.
The amended mine site is not within the Greeley -Weld County Airport, Geohazard Development Area, the
Special Flood Hazard Area, the Municipal Separate Storm Sewer Systems (MS4) defined boundary, the
Historic Townsites, the Agricultural Heritage or Disproportionately Impacted Communities 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 property to be mined contains no "Prime" agricultural lands, thus, no prime farmland will be taken out
of production with this proposal. The subject site is primarily classified as "High Potential Dry Cropland -
Prime if irrigated" and "Other Land" as delineated on the Important Farmlands of Weld County map, dated
Post mining the land will be reclaimed back to rangeland for the grazing of livestock and wildlife habitat.
As stated, the properties contain no 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.
1MJUSR23-14-0005 — Connell Resources Inc.
Page 5
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The existing Improvements and Road Maintenance Agreement (Rec. No. 4085328) shall be reviewed and
revised as needed to accurately reflect the amended site plan and site traffic. (Development Review)
B. The applicant shall acknowledge the recommendations of the State of Colorado Division of Water
Resources as stated in the referral response dated February 2, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the recommendations of the Oil and Gas Energy Department, as stated
in the referral response dated February 3, 2023. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
D. 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)
E. 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)
F. The applicant shall submit supporting documents as outlined in Chapter 23 Section 23-4-280 addressing
the protection of the health, safety, and welfare of the inhabitants of the County. Specifically, Section 23-
4-280.B through and including D of the Weld County Code to the Department of Planning Services.
(Department of Planning Services)
G. The applicant shall submit a Communication Plan for review and acceptance by the Department of Planning
Services. (Department of Planning Services)
H. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1 MJUSR23-14-0005 (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)
1MJUSR23-14-0005 — Connell Resources Inc.
Page 6
7. County Road 126 is a paved road and is designated on the Weld County Functional Classification
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)
8. County Road 17 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)
9. Show and label the permitted access location onto CR126, approved access width, and the
appropriate turning radii on the site plan. Include the type of access, as well (e.g. Commercial).
(Development Review)
10. Show and label the approved tracking control on the site plan. (Development Review)
11. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so
that the longest vehicle (including trailers) using the access can completely clear the traveled way
when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface
be less than 35 feet. (Development Review)
12. Show and label the drainage flow arrows. (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 all recorded easements and rights -of -way by book and page number or reception
number and date. (Department of Planning Services)
15. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(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)
1MJUSR23-14-0005 — Connell Resources Inc.
Page 7
5. Prior to Operation - Mining:
A. The applicant shall develop an updated Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator,
the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance
to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
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)
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Terry Grazing Association / JRT Limited Partnership
Connell Resources, Inc.
1 MJUSR23-14-0005
1. Site Specific Development Plan and First Major Amended Use by Special Review Permit, 1 MJUSR23-
14-0005 for Open Mining (sand, gravel and stone), materials processing, an Asphalt batch plant,
employee and equipment parking associated with operations, mine support infrastructure 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 M2014-001. (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. 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)
7. The number of on -site employees shall be up to three (3), as stated in the application. (Department of
Planning Services)
8. The parking area for mine equipment, vendors 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. The Property Owner shall maintain compliance with the accepted Decommissioning Plan. (Department of
Planning Services)
12. At the conclusion of the extraction of aggregate resources from the defined mine boundary, the office, asphalt
plant and all associated operations shall be removed from the property. (Department of Planning Services)
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 9
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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
18. The Property Owner shall comply with all requirements provided in the executed Improvements/Road
Maintenance Agreement. (Development Review)
19. The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Development Review)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (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. The facility shall be operated in accordance with
the accepted "dust abatement plan", at all times. (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)
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)
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 10
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, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers, contain hand sanitizers, and be screened from existing
adjacent residential properties and public rights -of -way. (Department of Public Health and Environment)
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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
32. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable. (Department of
Public Health and Environment)
33. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations, as applicable. (Department of Public Health and Environment)
34. 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)
35. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed
the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event odor levels detected off site of the facility meet
or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer,
there exists an odor condition requiring abatement. (Department of Public Health and Environment)
36. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation
Mining and Safety. (Department of Public Health and Environment)
37. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and
Environment)
38. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
39. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
40. Building permits may be required, for any new construction, set up of manufactured structures, or change
of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall
conform to the requirements of the various codes adopted at the time of permit application. Currently the
following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, 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,
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 11
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)
41. A building permit is required for any foundations. An electrical permit for equipment on a sand & gravel
mining operation. (Department of Building Inspection)
42. 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)
43. 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)
44. 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.
45. 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.
46. 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.
47. 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
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 12
off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust
from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing
of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving
to the County, property owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size
of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county
roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources.
Law enforcement is based on responses to complaints more than on patrols of the County, and the distances
which must be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will
not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
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.
1 MJUSR23-14-0005 — Connell Resources Inc.
Page 13
May 1, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weldgov.com
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
Schenderlein Bill
P.O. Box 2427
Fort Collins, CO 80522
Subject: 1MJUSR23-14-0005 - Site Specific Development Plan and First Major Amended Use by
Special Review Permit, for Open Mining (sand, gravel and stone), materials processing, an Asphalt
batch plant, employee and equipment parking associated with operations, mine support infrastructure
outside of subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
On parcel(s) of land described as:
All of Section 21 and the SW4, S2SE4, NW4SE4 and SW4NE4 of Section 22, all in T11 N, R67W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 06, 2023 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 19, 2023 at 10:00 a.m.
Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street,
Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any
questions the Planning Commission members or Board of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County
Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-
way which identifies the hearing time, date, and location. In the event the property is not adjacent to a
publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property
and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained
road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission and will be included in the staff report one week prior to the scheduled
Planning Commission hearing.
You may view the staff report at https://accela-aca.co.weld.co.us/CitizenAccess
ully,
Kim
Planner
Hello