HomeMy WebLinkAbout20231961.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:
1 MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
Kim Ogle
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, and mine
support infrastructure outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
All of Section 21 and the SW1/4 and S1/2 of the SE1/4 and NW1/4 of the SE1/4 and
SW1/4 of the NE1/4 of Section 22; all in 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; west of and adjacent to County Road 21.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-60.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.
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
RESOLUTION 1MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
Page 2
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 Evenst aggregate mining property (M-1988-048) and the L G Evenst 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 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
RESOLUTION 1 MJUSR23-14-0005
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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
The mine amendment area is not located within a Special Flood Hazard Area (SFHA) as determined
by the Federal Emergency Management Agency (FEMA) The site is shown on FIRM Community
Panel Maps #08123C -0300E and #08123C -0325E dated January 20, 2016 These two panels are
"Not Printed" due to the fact that there is no Special Flood Hazard Area identified in this Floodplain
Development Permit is not required
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
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
RESOLUTION 1MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
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This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
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)
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
RESOLUTION 1MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
Page 5
applicant shall delineate and label on the site map or plat the future and existin,g 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 CR 126, 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)
5 Prior to Operation - Mining
A The applicant shall develop an updated Emergency Action and Safety Plan with the Office of
RESOLUTION 1MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
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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)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
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 Cop/
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 6, 2023
Dated the 6. day of June 2023
Michelle Wall
Secretary
RESOLUTION 1MJUSR23-14-0005
Terry Grazing Association. c/o Connell Resources Inc
Page 7
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
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,
subject to the Development Standards stated hereon. (Department of Planning Services)
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended. including Operations policies and
Reclamation policies. (Department of Planning Services)
4 The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety
112c Permit number 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) five (5), 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)
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)
RESOLUTION 1 MJUSR23-14-0005
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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)
28 The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility area
RESOLUTION 1MJUSR23-14-0005
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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, setup of manufactured structures, or change
of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall
conform to the requirements of the various codes adopted at the time of permit application Currently the
following has been adopted by Weld County 2018 International Building Codes, 2018 International
Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
RESOLUTION 1 MJUSR23-14-0005
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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
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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
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, June 6, 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 Vice Chair.
Butch White, at 1:32 pm.
Roll Call.
Present: Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan.
Absent: Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren
Light, Department of Health, Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 2, 2023. Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Michael Wailes. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Locations
1 MJUSR23-14-0005
Terry Grazing Association, c/o Connell Resources Inc
Kim Ogle
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, and
mine support infrastructure outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
All of Section 21 and the SW1 /4 and S1/2 of the SE1/4 /4 and NW1/4 of the S E 1 /4
and SW1/4 of the NE1/4 of Section 22, all in 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: west of and adjacent to County Road 21.
Kim Ogle, Planning Services, presented Case 1MJUSR23-14-0001, reading the recommendation and
comments into the record, 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 Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Bill Schenderlein. P.O. 2427, Fort Collins, Colorado. Mr. Schenderlein is with Blue Earth Solutions
representing Connell Resources. He said this is an amendment to the existing Carr Pit site. Mr.
Schenderlein stated that Tony Connell. Vice President of Connell Resources and Kevin Anderson, the
Aggregate Manager of Connell Resources, are here to help answer questions the Planning Commission
may have. The amendment project area is approximately a half mile north of the Community of Carr. The
amendment area is adjacent to the eastern boundary of the previously approved Carr Pit (USR 14-0005).
There will be no increase in truck traffic. The amendment is to add additional resources to the existing site.
Mr. Schenderlein explained that Lone Tree Creek is located towards the southern part of the site; that area
is not proposed for mining. They will be dry mining with no ground water exposure.
Commissioner Wailes asked the applicant how many pieces of equipment will be operating in the
amendment area. Mr. Schenderlein said there will be an excavator doing the mining; there may be a dozer
or a loader behind it spreading overburden material. The excavator will load 1 - 2 haul trucks that will run
material to the processing plant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Myron Yoknis, 9417 Roosevelt Avenue, Carr, Colorado Mr Yoknis is concerned about a possible increase
in asphalt processing and the fumes it creates in their area He is not too concerned about traffic, but more
the safety from fumes
Jackie Neubauer, 9961 Stevenson Avenue, Carr, Colorado Ms Neubauer said that she is appreciative of
Connell Resources and feels they are doing their best to work with the community and responsible in what
they are doing She said truck traffic has increased in the area and is a safety issue Her son and his wife
were backed into by a truck Ms Neubauer said there are issues of rocks falling out of the trucks and the
trucks speed on the roads She said she realizes that water trucks are watering the ground, but the dust
that comes from the stockpiles is not watered down Ms Neubauer said that not only is dust blowing into
town, but the dust includes crystalline silica which is toxic and causes irreversible health issues She is
concerned the toxic dust will also affect the livestock, trees and the creek
Chris Neubauer, 9961 Stevenson Avenue, Carr, Colorado Mr Neubauer shared the same concern about
the creek as his mother He feels that flooding has started since Connell started mining His property gets
flooded Mr Neubauer stated that him and his wife were on their motorcycle and were hit by a truck He
said he has almost been run into by trucks 2 times this year
Mr Schenderlein addressed the flooding of the creek He said there is nothing they do that would increase
the amount of storm water that Lone Tree Creek collects The mining is shallow and should not get into
any ground water that would affect the current flow
Mr Schenderlein explained that the piles that were shown in the presentation are product stockpiles which
are near the processing facility and not on the amendment area The amendment area will be mined and
moved to the processing facility He said that they have 2 water trucks that work continuously to keep the
dust from blowing During high winds they will even stop working Mr Schenderlein said he understands
that when the wind is blowing dust blows, however, the stockpiles are product that has been screened and
are very specific sizes of material The particles that travel the furthest in the wind are the fine silks and
the clays which are not in the stockpiles
Mr Schenderlein stated that the amendment area does not propose having an asphalt plant The existing
asphalt plant on the first USR area is rarely used
Mr Schenderlein said that Connell Resources does run their own trucks The truck drivers are educated
to follow speed limits, etc Because it is a commercial business, some trucks that are not Connell trucks
come onto the site They only have so much control over the drivers of the private trucks
Commissioner Holland asked if they water down the stockpiles Mr Schenderlein explained that at the
processing facility, water is used for certain operations with the screens and the crushers The water
controls silica dust which is regulated by MSHA
Tony Connell, 7785 Highland Meadows Highway, Fort Collins, Colorado Mr Connell said they are
regulated and have an air pollution permit for fugitive dust He said under high winds they do their best to
control the dust They will shut down their operation when there are high winds Mr Connell said they do
their best to mitigate the dust and will continue to find ways to improve
Mr Connell addressed the cottonwood trees He said they have river setbacks and they have never
damaged any of the trees In fact, they are still thriving today
Commissioner Palizzi asked the applicant what regulations they have with wildlife The applicant replied
that during the State permitting process, they worked with the Colorado Parks and Wildlife regarding the
Lone Tree Creek corridor Mr Schenderlein said that during the County permit process, they worked with
the U S Fish and Wildlife
Commissioner Wailes asked the applicant how long they will be mining the amendment area Mr
Schenderlein replied 8 years He said it depends on material demand
Mr Ogle said that the applicant would like to amend Development Standard 7 They are requesting to
change the number of employees from 3 to 5
Commissioner Morgan asked for more explanation on why the applicant was amending the number of
employees The applicant said they will have 2 or 3 employees working in the amendment area, but they
need to take in consideration of haul truck operators who are coming and going The haul trucks will run
from the amendment area to the current site
Motion Amend Development Standard 7, as requested by Staff, Moved by Michael Wailes, Seconded
by Sam Gluck Motion passed unanimously
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case 1MJUSR23-14-0005 to the Board of County Commissioners along with the
Amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana Morgan, Skip
Holland
Commissioner Gluck expressed to the applicant that they need to make sure they are taking care of their,
neighbors
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 52 pm
Respectfully submitted,
-inectidA, o° u,ti-e-
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD Jw
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