HomeMy WebLinkAbout20231098.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0030, FOR OPEN MINING (SAND, GRAVEL, STONE, AND
OVERBURDEN) AND PROCESSING OF MINERALS, INCLUDING THE IMPORT OF
MATERIAL FROM, AND EXPORT OF MATERIAL TO OTHER SITES, A DRYING AND
SCREENING BUILDING AND TWO (2) SILOS, A MINE OFFICE WITH SCALE HOUSE
AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE GENERATORS,
MOBILE MINING EQUIPMENT PARKING AND STORAGE, AND EMPLOYEE AND
VENDOR PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN
THE A (AGRICULTURAL) ZONE DISTRICT - HS LAND AND CATTLE, LLC,
C/O MONARCH MOUNTAIN MINERALS AND AGGREGATES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
April, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of HS Land and Cattle, LLC, P.O. Box 366, Gilcrest, Colorado 80623,
c/o Monarch Mountain Minerals and Aggregates, LLC, 8308 Colorado Boulevard, Suite 200,
Firestone, Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit, USR22-0030, for Open Mining (sand, gravel, stone, and overburden) and processing of
minerals, including the import of material from, and export of material to other sites, a drying and
screening building and two (2) silos, a mine office with scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage, and employee and
vendor parking outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Part of the SE1/4 of Section18; part of the E1/2 and
W1/2 of Section 19; and part of the NW1/4 of
Section 30, all being located in Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
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05/26 /23
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) 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 agricultural lands associated with the
surface estate is underlain with a known viable aggregate deposit.
With the completion of mining, the site will be reclaimed as
agricultural lands, wildlife habitat and water storage reservoirs as
well as on -going oil and gas operations.
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 Stream Terrace Deposits
— Fine Aggregates, including sands ranging from coarse gravelly
stream sands to fine grained wind deposited dune sands.
2) 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."
CDOT, in an electronic mail response, dated February 7, 2023,
stated they had reviewed the construction timeline and traffic counts
provided in the newest Traffic Impact Study and will allow for the
temporary construction access at County Road (CR) 44, as
auxiliary lanes are not warranted by these temporary counts. CDOT
will write the temporary permit to include the specific temporary
counts that are identified in the study and will allow for the 14 -month
timeframe only. Once that timeframe is reached, the full submittal,
including design for the northbound left turn lane at CR 44, will need
to be submitted, along with the Long Term Access Permit
application, per CDOT's original comments in July of 2022.
To address impact to the area roads, the Department of Planning
Services — Development Review is requiring a Final Traffic Impact
Study, stamped, and signed by a Professional Engineer, registered
in the State of Colorado. Also required is an Improvements and
Road Maintenance Agreement with triggered off -site
improvements, and road maintenance. Road maintenance
includes, but is not limited to, dust control and damage repair to
specified haul routes. The Improvements and Road Maintenance
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Agreement is a Condition of Approval to be accepted by the Board
of County Commissioners, prior to recording the USR map.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, 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's property parcels are zoned
A (Agricultural). The proposed project is listed as an aggregate
mine, permitted in the A (Agricultural) Zone District, as detailed in
the Use by Special Review Permit application, and in the Weld
County Code.
2) Section 23-3-40.R allows for Open Mining (sand, gravel, stone) and
processing of minerals, subject to the additional requirements of
Article IV, Division 4, of the Weld County Code, through a Use by
Special Review Permit outside of subdivisions and historic
townsites. Proposed permanent improvements include four (4)
slurry walls for dry mining and post -mining water storage, and
associated infrastructure to distribute water to and from water
storage facilities. A permanent drying and screening building and
silos will be located at the site south of the entrance. Other
improvements include an office/shop, an aggregate plant, a scale
and scale house, all with associated parking. The primary driveway
to the aggregate will temporarily include signage, lighting,
fencing/screening and landscaping. Parking for employees and
vendors will be located next to office and plant facilities.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Zoning in the area surrounding the
site is A (Agricultural). There are multiple Use by Special Review Permits
within a one (1) mile of the site, including aggregate mining and oil and gas
development. The end uses are agricultural lands, wildlife habitat, and
water storage, which is consistent with the adjacent uses in the surrounding
area.
The adjacent lands within one (1) mile of the property boundary consist of
agricultural uses, aggregate mining, rural residences, oil and gas
operations and large tract irrigated and dryland agricultural operations. The
site is bounded by State Highway 60 on the east and the South Platte River
to the western boundary of the mining area. Within one -quarter (1/4) mile
of the mine site are four (4) Use by Special Review Permits: to the north is
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USR-1009, for a recreational paintball facility and USR-1354, for aggregate
mining and a concrete batch plant; to the east is USR21-0004, for a solar
energy facility. Planning staff is also aware of a pending aggregate mine,
currently in review at the State, DRMS Permit #M2022-001, for the Red
Tierra Equities, LLC, Section 20 Mine. To the west is a high-pressure gas
line, permitted under USR-1183 for Public Service of Colorado. Within
one-half (1/2) mile of the mine site are two (2) Use by Special Review
Permits: to the north is USR-983, permitted for a salvage yard and sales
and to the south is USR-839, for a commercial greenhouse. Within one (1)
mile of the proposed mine site, there are no additional Use by Special
Review Permits, however, the Town of Milliken municipal limits are about
1/4 mile to the west.
There are 82 residences within 1/2 mile of the mine site, with the nearest
residences being the Karbowski-Brave parcel, immediately adjacent to the
USR-DRMS permit boundary west of and adjacent to State Highway 60,
and the Poncelow Family Living Trust parcel, located immediately adjacent
to the USR-DRMS permit boundary and north of and adjacent to CR 42.
There are 12 residences located more than 200 feet, and less than
500 feet, from the proposed mine limit.
The Weld County Department of Planning Services sent notice to 52
surrounding property owners and Planning staff received one (1) letter from
an adjacent property owner to the north, with concerns about the area
wildlife and impacts from the mining operations. No additional written
correspondence or telephone calls of inquiry were received regarding the
application.
The Conditions of Approval require the applicant to submit an accepted
Emergency Action and Safety Plan and an accepted Road Maintenance
and Improvements Agreement (for roads and traffic). The Noise Abatement
Plan has been submitted and reviewed. The Department of Public Health
and Environment, in their referral dated December 9, 2022, indicated 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
materials contain a Noise Modeling Report, conducted by Behrens and
Associates, Inc., which indicates the industrial noise level can be met 25
feet from the property boundary. The conclusion in the report states: "The
results of the noise modeling indicate that the Monarch Mountain mining
and processing operations for all modeled phases are predicted to comply
with the allowable Industrial CRS noise limits at all modeled receptor
locations." Adherence to the Noise Modeling Report is required.
There will be fuel storage, which will require compliance with state
regulations and a Spill Prevention, Control, and Countermeasure (SPCC)
Plan may be required, depending on tank storage size. An Air Emission
Permit (APEN) from the state is required and will address dust control for
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mining operations, haul roads, and any sand and gravel processing
equipment. The application indicates an APEN has been submitted to the
state.
The Conditions of Approval also require a Decommissioning Plan, Lighting
Plan, Communication Plan, Screening Plan and an approved Access
Permit for State Highway 60 and any associated off -site improvements, as
required by CDOT, to ensure safety to the travelling public and compatibility
with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within a three (3) mile referral area of five (5)
municipalities, the City of Evans and the Towns of Johnstown, Milliken,
Platteville and Gilcrest. The proposed mine is also located within the
Coordinated Planning Agreement (CPA) areas for the City of Evans and
the Towns of Milliken and Platteville.
The proposed mine is located within the Weld County, the City of Evans,
and the Towns of Milliken and Platteville CPA areas. The City of Evans in
an undated, signed Notice of Inquiry (NOI) stated the properties are outside
the City of Evans 2022 Three -Mile Plan and they do not have concerns
about the proposed development. If the haul route is to be across or on City
of Evans maintained roads, properties or easements, the applicant is
required to enter into an agreement with the City of Evans. The Town of
Platteville returned a NOI, dated March 10, 2022, stating the development
area is outside (north) of the Town of Platteville's growth boundary. The
Town of Milliken did not respond to the NOI.
The City of Evans returned a referral, dated November 18, 2022, which
stated the NOI provided by the City of Evans in March of 2022, still stands
and they had no concerns with the project. If any traffic should be entering
City of Evans jurisdiction, they would like to be contacted for a long-term
Road Maintenance Agreement.
The Towns of Gilcrest and Platteville returned a referral, dated
December 13, 2022, jointly signed by Mayor Tyson Chavez, Town of
Gilcrest and Mayor Adrienne Sandoval, Town of Platteville stating the
proposed gravel mine is located within the Town of Gilcrest's Urban Growth
Boundary and the Platteville-Gilcrest Coordination Area, as depicted in the
2011 Intergovernmental Agreement (IGA) between the Towns of Gilcrest
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and Platteville. As such, the Town of Gilcrest submitted the formal referral
response in coordination with the Town of Platteville.
The Towns of Gilcrest and Platteville had concerns with the proposed
gravel mine, stemming from potential negative impacts to the South Platte
River Corridor, wildlife habitats, 100 -year floodplain and overall increased
traffic generation in the area. The Town of Gilcrest had additional concerns
related to the lack of conformance with the Gilcrest Comprehensive Plan,
noise, air quality, aesthetics, and the potential detrimental impact on local
groundwater levels, asserting, any increase in groundwater level will have
a disastrous impact on the Town of Gilcrest and its residents. If this project
moves forward, with or without annexation, the Town of Gilcrest requested
the applicant adequately monitor groundwater with a legal obligation to
mitigate any adverse impact.
The Town of Gilcrest requested the County notify the applicant of the
opportunity for annexation into the Town of Gilcrest and the applicant not
consider the proposed development unless they or their predecessor has
submitted a complete annexation petition and has been denied said
annexation by the Town of Gilcrest, for a substantially similar development
on the same property, within the preceding 12 months, as outlined in
Section 19-16-50 (C) 1 of the Weld County Code.
The IGA with the Town of Gilcrest was entered into and effective as of
April 4, 2005, and is an older agreement, delineating a static urban growth
boundary. Furthermore, the project is located outside Gilcrest's Urban
Growth Boundary as depicted on the map referenced in Chapter 19. The
Department of Planning Services reviewed the current IGA for the Town of
Gilcrest and determined the Urban Growth Boundary and the IGA boundary
extend west to the State Highway 60 right-of-way. The proposed Monarch
Mountain Minerals and Aggregates, LLC, DENM Mine is located west of
State Highway 60 right-of-way and outside of both the Weld County
recognized CPA and Urban Growth Boundary, for each municipality.
Further, Weld County is not party to the 2011 IGA between the Towns of
Gilcrest and Platteville.
The Town of Milliken did not return a referral response.
The proposed mine site is located outside of the City of Evans' Future Land
Use Map, as defined in the 2014 Comprehensive Plan, the Town of
Johnstown's Future Land Use Map, as defined in the 2021 Comprehensive
Plan, and the Town of Platteville's Three Mile Area Plan, as defined in the
2017 Comprehensive Plan. The proposed mine is located within the Town
of Milliken's Framework Plan, which delineates the lands to the west of the
South Platte River as Greenway/Parks and Recreation. The proposed mine
is also identified as being in the "Platteville and Gilcrest Coordination Area",
per the Town of Gilcrest's Framework Plan map.
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E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Greeley -Weld County Airport, Geohazard Development Area, the
Municipal Separate Storm Sewer Systems (MS4) defined boundary, the
Historic Townsites or the Agricultural Heritage or Disproportionately
Impacted Communities Overlay Districts.
The property is located within the AE Flood Zone floodplain, as delineated
on Federal Emergency Management Agency (FEMA) FIRM Community
Panel Maps #08123C -1704F, 1708F, 1715F, and 1720F, issue date
September 17, 2020, and LOMR 21-08-1198P, effective date January 9,
2023, (South Platte River Floodplain). Any construction in the floodplain
requires a floodplain permit.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed mine site is located on 568.45 acres of Farmland of
Statewide Importance and 231.05 acres of other land, per the NRCS Soil
Survey for Weld County. Post mining the land will be reclaimed back to
four (4) water storage reservoirs, wildlife habitat and dryland agriculture.
As stated, the properties contain some Farmland of Statewide and Local
Importance, however, the property also contains a commercial mineral
deposit, which state statutes say must be protected from development. The
Weld County Comprehensive Plan also protects these lands from uses
interfering with extraction of sand and gravel. Mineral extraction will provide
economic revenues for Weld County from the land and will not interfere
with the agricultural productivity of surrounding properties. Colorado
Revised Statutes provides for the extraction of mineable resources prior to
any surface development.
G. Section 23-2-230.B.7 — 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 the 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 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
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surrounding area with the operation of open mining (sand, gravel, stone,
and overburden) and processing of minerals.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of HS Land and Cattle, LLC, do Monarch Mountain
Minerals and Aggregates, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR22-0030, for Open Mining (sand, gravel, stone, and overburden) and processing of
minerals, including the import of material from, and export of material to other sites, a drying and
screening building and two (2) silos, a mine office with scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage, and employee and
vendor parking outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for road
maintenance and triggered off -site improvements at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. A Final Traffic Impact Study, stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
C. The applicant shall acknowledge the recommendations of the Oil and Gas
Energy Department, as stated in the referral response, dated
November 21, 2022. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
D. The applicant shall acknowledge the recommendations of the State of
Colorado, Division of Water Resources, as stated in the referral response,
dated November 16, 2022. Written evidence of such shall be submitted to
the Weld County Department of Planning Services.
E. The applicant shall acknowledge the recommendations of the Town of
Gilcrest, as stated in the referral response, dated December 13, 2022.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral, dated November 15,
2022, specific to an Emergency Action Plan. Written evidence of such shall
be submitted to the Weld County Department of Planning Services.
G. The applicant shall address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral, dated December 1, 2022.
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Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
H. The applicant shall provide evidence of the Access Permit, issued by the
Colorado Department of Transportation (CDOT), which grants access to
State Highway 60, and written evidence that the applicant has complied
with the requirements of CDOT.
I. The applicant shall provide recorded copies of all easements and/or
Crossing Agreements associated with the Western Mutual Ditch Company.
J. The applicant shall submit a detailed drawing of the processing area, scale,
and scale house, at a minimum, for review and acceptance by the
Department of Planning Services.
K. The applicant shall submit written evidence that each petroleum fuel tank
is permitted by the State of Colorado Department of Labor and
Employment, Oil and Safety Division, and is in compliance with the
Platteville-Gilcrest Fire Protection District rules and regulations. Written
evidence of such, or alternatively, written evidence of an exception to these
requirements, shall be submitted to the Weld County Department of
Planning Services.
L. A Decommissioning Plan for all permanent and temporary structures,
buildings, and equipment, associated with the processing of material,
associated with the aggregate mine, shall be submitted to, and accepted
by, the Department of Planning Services.
M. A Communication Plan shall be submitted to, and accepted by, the
Department of Planning Services.
N. A Lighting Plan shall be submitted to, and accepted by, the Department of
Planning Services.
O. The applicant shall contact the oil and gas producer to obtain, in writing,
permission to utilize their access road for the mine access road.
P. The applicant shall submit the State -approved Extraction Plan Map, as
submitted to the DRMS, with required information delineated, per
Sections 23-4-270.A and B of the Weld County Code.
Q. The applicant shall submit the Reclamation Plans, as approved by the
State of Colorado Mined Land Reclamation Board, per Section 23-4-280.A
of the Weld County Code.
R. The applicant shall submit supporting documents, as outlined in
Section 23-4-280, addressing the protection of the health, safety, and
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welfare of the inhabitants of the County, specifically, Sections 23-4-280.B
through D of the Weld County Code.
S. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0030.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
5) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
8) CR 44 is a paved road and is designated on the Weld County
Functional Classification Map as an arterial road, which requires
140 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
9) CR 25.5 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
10) CR 42 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and
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label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
11) The applicant shall show the CDOT right-of-way, for
State Highway 60, on the site map along with the documents
creating the right-of-way.
12) The applicant shall show the approved CDOT access point on the
site map and label with the approved Access Permit number, if
applicable.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
14) The applicant shall 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.
15) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
16) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
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.
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.
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The applicant shall submit a Floodplain Development Permit (FHDP) prior
to construction or placement of any structures or ancillary equipment,
including scale, scale house, portable toilets, etc., in the floodplain and prior
to any mining operations in the floodplain.
C. The applicant shall address the requirements of CDOT, specific to a new
Access Permit, as stated in the referral responses, dated November 15,
2022, and February 7, 2023. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Platteville-Gilcrest Fire
Protection 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.
B. The CDOT approved access, tracking control and all off -site improvements
shall be constructed prior to any on -site mining and hauling operations for
access onto State Highway 60.
C. Accepted construction drawings and construction of the overhead
conveyor crossing CR 42 are required prior to operation, as applicable.
D. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining and Safety.
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.
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SPECIAL REVIEW PERMIT (USR22-0030) - HS LAND AND CATTLE, LLC,
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PAGE 13
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.) V ;&k,
Weld County Clerk to the Board
BY:
AP
County Att• ney
Date of signature: O5/16/23
Mike
eman, Chair
Perry . Buck/ Pro-Tem
Sc t . James
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HS LAND AND CATTLE, LLC,
C/O MONARCH MOUNTAIN MINERALS AND AGGREGATES, LLC
USR22-0030
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0030, is for
Open Mining (sand, gravel, stone, and overburden) and processing of minerals, including
the import of material from, and export of material to other sites, a drying and screening
building and two (2) silos, a mine office with scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage, and employee
and vendor parking outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
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.
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining
and Safety 112c Permit number #M2022-009.
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.
6. There shall be no hauling of mined materials, including sand, gravel, stone, and
overburden, or the importation of material from and exportation of material to other sites,
without first constructing the off -site transportation infrastructure improvements and
obtaining an approved CDOT Access Permit.
7 All permitted operations shall be conducted during the hours of daylight, except in the case
of a declared emergency disaster by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night
operations" when they take place between the hours of one (1) hour after sundown to
one (1) hour before sunrise. Depending on the request of the jurisdiction, night operations
could occur seven (7) days per week. When the applicant becomes aware of projects that
require night operations, they will email the Director of the Weld County Department of
Planning Services 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.
8. The number of on -site employees shall be up to 12, as stated in the application.
9. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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11. The property owner shall maintain compliance with the accepted Screening Plan.
12. The property owner shall maintain compliance with the accepted Decommissioning Plan.
13. At the conclusion of the extraction of aggregate resources from the defined mine
boundary, the office, aggregate plant, drying and screening building, a dried sand
warehouse, and all associated operations shall be removed from the property.
14. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
15. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, signed by representatives for the Platteville-Gilcrest Fire
Protection District and the Weld County Office of Emergency Management to the
Department of Planning Services, on or before March 15th of any given year.
16. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
20. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
24. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
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DEVELOPMENT STANDARDS (USR22-0030) - HS LAND AND CATTLE, LLC,
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PAGE 3
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
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.
26. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain permits from the Colorado Department of Public Health and
Environment (CDPHE), Air Pollution Control Division, as applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Modeling Report.
28. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
29. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes, as applicable.
30. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
31. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
32. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
33. A Colorado Discharge Permit System (CDPS) from the CDPHE, Water Quality Control
Division, shall be obtained, as applicable.
34. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
35. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be securely stored, on an impervious surface, and in accordance with
manufacturer's recommendations.
36. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
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37. The operation shall comply with the Mine Safety and Health Act (MSHA).
38. The facility shall notify Weld County of any revocation and/or suspension of any
State -issued permit.
39. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
40. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Maps #08123C -1704F, 1708F, 1715F, and
1720F, issue date September 17, 2020, and LOMR 21-08-1198P, effective date
January 9, 2023, (South Platte River Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
41. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
42. The applicant shall attempt to build the berms parallel to the flow of floodwaters.
43. All transient equipment, including temporary structures and portable toilets, shall be
anchored.
44. The installation of any septic system within the 100 -year floodplain shall comply with the
Weld County OVVTS Floodplain Policy.
45. At the time of reclamation, an analysis of the change in the base flood elevation will be
required. If the base flood elevation has a change of either 0.31 feet increase or decrease,
a Letter of Map Revision (LOMR) will be required within six (6) months of reclamation.
46. 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 have 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, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
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47. A Building Permit is required for any foundations, truck scale and scale house, or cargo
containers. An Electrical Permit is required for equipment on a sand and gravel mining
operation.
48. Necessary personnel from the Weld County Departments of Planning Services,
Development Review, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and Development Standards stated
herein and all applicable Weld County regulations.
49. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
50. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
51. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
52. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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C/O MONARCH MOUNTAIN MINERALS AND AGGREGATES, LLC
PAGE 6
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
53. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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