HomeMy WebLinkAbout20230221.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MUSR17-01-1329 - LOVELAND READY -MIX CONCRETE, INC.
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, on March 11, 2017, the Department of Planning Services approved the
request of Loveland Ready -Mix Concrete, Inc., for a Second Minor Amended Use by Special
Review Permit, 2MUSR17-01-1329, for a Second Minor Amendment to AMUSR-1329, for Mineral
Resource Development Facilities (including open pit mining and materials processing, a concrete
batch plant, and the importation of sand and gravel aggregates) to allow the continued operation
of a concrete batch plant, aggregate processing plant and returned concrete crushing plant, along
with associated processes after mining has been completed at the AMUSR-1329 site in the
A (Agricultural) Zone District, on the following described real estate, to -wit:
Part of the NE1/4 and Lot B of RECX16-0020; both
located in the N1/2 of Section 30, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner, Loveland
Ready -Mix Concrete, Inc., P.O. Box 299, Loveland, Colorado 80539, to partially vacate Second
Minor Amended Use by Special Review Permit, 2MUSR17-01-1329, for Removal of Parcel
#095730100004, 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, conditional
upon the following:
1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant
shall submit a revised USR map, titled "Partial Vacation of Second Minor
Amended Use by Special Review Permit, 2MUSR17-01-1329", conforming
to Section 23-2-260.D of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Second Minor Amended Use by Special Review Permit, 2MUSR17-01-
1329, be, and hereby is, partially vacated, with the abovementioned condition, with said map to
be titled and recorded as "Partial Vacation of Second Minor Amended Use by Special Review
Permit, 2MUSR17-01-1329".
4880118 Pages: 1 of 2
02/03/2023 11:10 AM R F..:$0.00
Carly Koppes, Clerk and Reoorder, Weld County , CO
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02/o'/23
2023-0221
PL1520
PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL REVIEW PERMIT,
2MUSR17-01-1329 - LOVELAND READY -MIX CONCRETE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of January, A.D., 2023.
ATTEST: ddtAtioG ..Cllo;„x
Weld County Clerk to the Board
BY:
APP
County orney
Date of signature: 0l/3l/2.
4880118 Pages: 2 of 2
02/03/2023 11:10 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Mike F = n. Chair
Perry L. Buck, % o-Tem
EXCUSED
Scott K. J
Kevin D. Ross
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Lori Saine
2023-0221
PL1520
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to partially vacate the permit boundary associated
with 2MUSR17-01-1329
The Department of Planning Services is in receipt of a letter dated November 22, 2022 from
Stephanie Fancher-English, Loveland Ready -Mix Concrete, Inc. providing notice that the three
parcels (PIN # 0957-30-1-00-004, PIN # 0957-30-0-00-038 and PIN # 0957-30-0-00-041) being
a part of the NE4 and Lot B of RECX16-0020 located in the N2 of Section 30, Township 5 North,
Range 67 West of the 6t" P.M., and associated with USR-1329 as amended have received full
release for reclamation of the three (3) parcels associated with the Green/Croissant Sand and
Gravel Mine.
Parcel No. 0957-30-1-00-004 conveyed by Warranty Deed, Croissant Family Farm, LLC to
Dustin C. Christensen and Jamie A. Christensen under reception #4694877 on March 19,
2021. This parcel has been reclaimed to agriculture and wildlife habitat.
Parcel No. 0957-30-0-00-038 and Parcel No. 0957-30-0-00-041 are owned by Loveland Ready -Mix
Concrete and will continue to operate under the current land use permit 2MUSR17-01-1329 to allow
the continued operation of a concrete batch plant, aggregate processing plant and returned
concrete crushing plant along with associated processes after mining has been completed at the
USR-1329 site in the A (Agricultural) Zone District, as amended
Loveland Ready -Mix Concrete, Inc. has submitted an amended map that shows the
Christensen parcel not being a part of the current 2MUSR17-01-1329 Permit.
Timeline Date Timeline Action
June 20, 2001
April 3, 2002
April 15, 2002
Board of County Commissioners conditional approval of a Site Specific
Development Plan and Use by Special Review Permit, (USR-1329) for an Open
Pit Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural)
Zone District. (2001-1440)
Flood Hazard Development Permit, FHDP-417, administratively approved
Board of County Commissioners accepted the Improvements Agreement
According to Policy Regarding Collateral Improvements (Private Road
Maintenance) between Weld County and Loveland Ready Mix Concrete,
Inc. via Subdivision Improvements Performance Bond #880901S, in the
amount of $39,256.00 (2002-0920)
2023-0221
PL. 157t)
operation of a concrete batch plant, aggregate processing plant and
returned concrete crushing plant along with associated processes after
mining has been completed at the AMUSR-1329 site in the A (Agricultural)
Zone District.
March 10, 2021 2MUSR17-01-1329 Map recorded under reception # 4691393
October 13, 2022 Letter from the Division of Reclamation Mining and Safety to Stephanie
Fancher, Loveland Ready -Mix Concrete, Inc. providing notice of intent to
release the Performance Warranty and Financial Warrant(ies).
Determination of full release in thirty (30) days.
November 22, 2022 Letter from the Division of Reclamation Mining and Safety to ,Loveland
Ready -Mix Concrete, Inc. full approval for release the Performance
Warranty and Financial Warrant(ies), Permit No. M-2001-022 Green
Croissant Property Sand and Gavel Mine.
November 22, 2022 Letter to Tom Parko, Director of Planning Services providing documentation
from the Division of Reclamation Mining and Safety providing full release of
warranty associated with the aggregate mining and full reclamation
associated with the State issued permit M-2001-022.
PO BOX 299
LOVELAND, CO 80539
OFFICE 970.667.2680
FAX ,970,667.0036
November 22, 2022
Mr. Tom Parko
Planning Director
Weld County Planning Department
PO Box 758
Greeley, CO 80632
RE: Green/Croissant Property Sand and Gravel Mine
DBMS Permit M2001-022
Weld County 2MUSR17-01-1329
Dear Mr. Parko,
We are submitting documentation from the Colorado Division of Reclamation Mining
and Safety that releases the Green/Croissant Property Sand and Gravel Mine in its
. entirety. The permitted area released includes the following Weld County Parcels:
095730100004: owned by Dustin and Jamie Christensen
095730000038, 095730000041: owned by Loveland Ready -Mix Concrete, Inc.
The Christensen (Croissant Family Farm) Parcel 095730100004, has been reclaimed
to agriculture and wildlife habitat and is no longer subject to any further obligations
under DRMS Permit M2001-022 or 2MUSR17-01-1329.
Parcels 095730000038, 095730000041, owned by Loveland Ready -Mix Concrete,
Inc., will continue to operate as a concrete batch plant, with the importation of sand
and gravel, and the operation of aggregate processing and returned concrete
crushing, as permitted under the Development Standards of 2MUSR17-01-1329.
If you have any questions or require additional information regarding this release,
please advise:
Sincerely,
Stephanie Fanchenglish
Loveland Ready Mix Concrete, Inc.
Attachments
DBMS Letter dated 10/12/2022
DRMS Letter dated 11/15/2022
cc: file
Dustin and Jamie Christenson
SG
October 13, 2022
COLORADO
Division of Reclamation,
Mining and Safety
/Department of Natural Resources
Stephanie Fancher
Loveland Ready -Mix Concrete, Inc.
P.O. Box 299
Loveland, CO 80539-0229
Re: Green/Croissant Property Sand and Gravel Mine - File No. M-2001-022
Loveland Ready -Mix Concrete, Inc.
Surety Release Request (SL -2)
Final / Full Release Request
Dear Stephanie Fancher:
On October 13, 2022 the Division of Reclamation, Mining and Safety concluded its review of the
Surety Release Request application submitted to the Division.on September 19, 2022, addressing the
following:
The decision reached by the Division is: Approve.
lam pleased to inform you that the Division of Reclamation Mining and Safety elected to release
Loveland Ready -Mix Concrete, Inc. from further responsibility for the Green/Croissant Property Sand
and Gravel Mine. This site is released in its entirety. You should advise the issuer of your bond of
this release by copy of this letter. In accordance with Rule 4.17.2(5), the Division is required to wait
thirty (30) days from this notice to allow for appeal of the Division's decision. Once this period
closes, if no appeal is submitted the Division will issue the final decision on the release request in
writing and the Performance Warranty and Financial Warrant(ies) on tile will be returned in separate
correspondence from the Division.
The Mined Land Reclamation Board and the Division staff wish to commend Loveland Ready -Mix
Concrete, Inc. for your reclamation efforts and the resulting success.
If you have any questions, please contact me by telephone at (303) 866-3567 x 8124, or by email at
Peter.hays@stote.co.us.
Peter S. Hays
Physical Address: 1313 Sherman Street, Room 215, Demer,.en 80203 P 303.866.3567 F 303.832.8106
Mailing Address: DBMS Roam 215, 1001 E 62nd Ave, Denver, CO 80216 tittps://drms.colorado.gov
Jared S. Polls, Ggngmor. I Dan Gibbs, Executive Director I Virginia Brannon, Director
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
November 15, 2022
Loveland Ready -Mix Concrete, Inc.
PO Box 299
Loveland, CO 80539
Re: Permit No. M-2001-022, Green/Croissant Property Sand and Gravel Mine
Financial & Performance Warranty Release, SL2
To Whom It May Concern:
On November 15, 2022 the Division approved the financial and performance warranty
release request for the above exploration. You are now released from further liability for this
site. The following is released as of November 15, 2022:
Bond Type
Bank of CO Letter of Credit
Bond Number Bond Amount
*230 $209,700.00
You should notify your bank of this release via copy of this letter.
Sincerely,
tevenson.Benn
Financial Assurance Specialist
cc: Peter Hays, Division of Reclamation, Mining and Safety
Certified Mail No.: 7019 2280 0001 8255 1678
Physical Address: 1313 Sherman Street, Room 215, Deriver, CO 80203 P 303.866.3567 F 303.1332.8106
Mailing Address: DRMS Room 215, 1001E 62nd Ave, Denver, CO 80216 lttrix:%/dm s.aolorado,env
Jared S. Potts, GovyenOr 1 Dan Gibbs, Executive Director i Virginia Brannon, Director
voca\cvr. dwg,1 /3,/23
LOVELAND READY -MIX CONCRETE, INC.
2MUSR17-01-1329
PARTIAL VACATION OF MINING AREA
A PORTION OF THE NORTH 1/2 SECTION 30, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF WELD, STATE OF COLORADO
PROPERTY OWNER'S CERTIFICATION
THE UNDERSIGNED MAJOR PROPERTY OWNERS) DO HEREBY AGREE TO THE MINOR AMENDMENT
OF THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW STANDARDS AS
DESCRIBED HEREIN THIS DAY OF 2016
SIGNATURE PRINTED NAME
PROPERTY OWNER'S CERTIFICATION
THE UNDERSIGNED MAJOR PROPERTY OWNER(S) DO HEREBY AGREE TO THE MINOR AMENDMENT
OF THE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW STANDARDS AS
DESCRIBED HEREIN THIS DAY OF , 2016
SIGNATURE PRINTED NAME
CERTIFICATION OF APPROVAL BY THE DEPARTMENT OF
PLANNING SERVICES - ADMINISTRATIVE REVIEW
THIS MINOR AMENDMENT PLAT IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING
SERVICES FOR FILING.
STATE OF COLORADO )
) ss-
COUNTY OF WELD )
DIRECTOR, DEPARTMENT OF PLANNING SERVICES
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
MY COMMISSION EXPIRES
WITNESS MY HAND AND SEAL
20 .
NOTARY PUBLIC
DEVELOPMENT STANDARDS:
1. A MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT NO. AMUSR-1329 (INCLUDING OPEN PIT MINING AND MATERIALS 16_
PROCESSING. A CONCRETE BATCH PLANT. AND THE IMPORTATION OF SAND AND GRAVEL
AGGREGATES) TO ALLOW THE CONTINUED OPERATION OF A CONCRETE BATCH PLAIT. IL
AGGREGATE PROCESSING PLANT AND RETURNED CONCRETE CRUSHING PLANT ALONG
WITH ASSOCIATED PROCESSES AFTER MINING HAS BEEN COMPLETED AT THE SITE IN THE
A (AGRICULTURAL) ZONE DISTRICT. SUBJECT TO THE DEVELOPMENT STANDARDS STATED
HEREON. 18.
2. APPROVAL OF THIS PLAN MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO
SECTION 234.10 OF THE WELD COUNTY CODE.
3. HOURS OF OPERATION SHALL BE FROM 6 OOAM TO 700 PM. MONDAY THROUGH SATURDAY.
AND FROM 6.00 AM UNTIL MIDNIGHT FOR MAINTENANCE AND REPAIRS. PER SECTION
23.4-290.8 OF THE WELD COUNTY CODE, HOURS OF OPERATION MAY BE EXTENDED WITH 19.
SPECIFIC PERMISSION FROM THE WELD COUNTY BOARD OF COMMISSIONERS.
4. THE NUMBER OF ONSITE EMPLOYEES ASSOCIATED WITH THIS FACILITY IS LIMITED TO 20.
TWENTY (20) PERSONS.
5. THE LANDSCAPING/SCREENING ON THE SITE SHALL BE MAINTAINED. (DEPARTMENT OF
PLANNING SERVICES) 21.
6. ALL SIGNS SHALL ADHERE TO CHAPTER 23. ARTICLE IV. DIVISION 2 AND APPENDICES 23-C.
23-0 AND 23-E OF THE WELD COUNTY CODE.
I ALL LIQUID AND SOLID WASTES (AS DEFINED IN THE SOLID WASTES DISPOSAL SITES AND 22.
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 23.
a. NO PERMANENT DISPOSAL OF WASTES SHALL BE PERMITTED AT THIS SITE. THIS IS NOT 24.
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. 25.
C.R.S.
9. WASTE MATERIALS SHALL BE HANDLED. STORED. AND DISPOSED IN A MANNER THAT 26.
CONTROLS FUGITIVE DUST, FUGITIVE PARTICULATE EMISSIONS, BLOWING DEBRIS, AND
OTHER POTENTIAL NUISANCE CONDITIONS. THE APPLICANT SHALL OPERATE IN 27.
ACCORDANCE WITH CHAPTER 14. ARTICLE 1 OF THE WELD COUNTY CODE AS WELL AS THE
APPROVED WASTE HANDLING PLAN. 28,
10. FUGITIVE DUST SHOULD ATTEMPT TO BE CONFINED ON THE PROPERTY. USES ON THE
PROPERTY SHOULD COMPLY WITH THE COLORADO AIR QUALITY COMMISSIONS AIR
QUALITY REGULATIONS. THE FACILITY SHALL BE OPERATED IN ACCORDANCE WITH THE
APPROVED DUST ABATEMENT PLAN AT ALL TIMES.
11 THE FACILITY SHALL ADHERE TO THE MAXIMUM PERMISSIBLE NOISE LEVELS ALLOWED IN
THE INDUSTRIAL ZONE DISTRICT AS DELINEATED IN SECTION 25.12.103 C.R.S.
12 THE APPLICANT SHALL REMOVE. HANDLE. AND STOCKPILE OVERBURDEN. SOIL, SAND.
GRAVEL. IMPORTED MATERIALS. AND ANY OTHER ITEMS IN A MANNER THAT WILL PREVENT
NUISANCE CONDITIONS
13. THE FACILITY SHALL COMPLY WIT H THE AIR POLLUTION EMISSION NOTICE (A.P.E.N.)
PERMIT REQUIREMENTS AS STIPULATED BY THE AIR POLLUTION CONTROL DIVISION,
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. AS APPLICABLE. 29.
14 ADEQUATE DRINKING, HAND WASHING AND TOILET FACILITIES SHALL BE PROVIDED FOR
EMPLOYEES AND THE PUBLIC, AT ALL TIMES. PORTABLE TOILETS AND BOTTLED WATER
ARE ACCEPTABLE. RECORDS OF MAINTENANCE AND PROPER DISPOSAL FOR PORTABLE 30.
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 LOVELAND READY MIX-2MUSRI Z.0L-1329 B
15, ANY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WITH ALL PROVISIONS
OF THE WELD COUNTY CODE, PERTAINING TO ONSITE WASTEWATER TREATMENT
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SYSTEMS.
THE FACILITY SHALL UTILIZE THE EXISTING PUBLIC WATER SUPPLY. (LITTLE THOMPSON 31.
WATER DISTRICT)
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.
ALL POTENTIALLY HAZARDOUS CHEMICALS MUST BE HANDLED IN A SAFE MANNER IN
ACCORDANCE WITH PRODUCT LABELING. ALL CHEMICALS MUST BE STORED SECURE. ON 32.
AN IMPERVIOUS SURFACE. AND IN ACCORDANCE WITH MANUFACTURERS
RECOMMENDATIONS. THE APPLICANT SHALL COMPLY WITH ALL PROVISIONS OF THE 31
UNDERGROUND AND ABOVE GROUND STORAGE TANK REGULATIONS (7 CCR 1101-14),
THE APPLICANT SHALL COMPLY WITH AU. PROVISIONS OF THE UNDERGROUND AND ABOVE 34.
GROUND STORAGE TANK REGULATIONS (7 CCR 1101.14).
THE APPLICANT SHALL OBTAIN A COLORADO DISCHARGE PERMIT SYSTEM OR COPS
PERMIT FROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
(COPHIE), WATER QUALITY CONTROL DIVISION, AS APPLICABLE.
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. 35.
THE OPERATION SHALL COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS OF
STATE AND FEDERAL AGENCIES AND THE WELD COUNTY CODE.
THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SITE.
THE ACCESS ON THE SITE SMALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE 36.
PUBLIC ROAD INCLUDING DAMAGES AND/OR OFFSITE TRACKING.
THERE SHALL BE NO PARKING OR STAGING OF VEHICLES ON PUBLIC ROADS. ON -SITE 37.
PARKING SHALL BE UTILIZED.
THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS ON THE SITE WILL BE 38.
MAINTAINED.
WELD COUNTY IS NOT RESPONSIBLE FOR THE MAINTENANCE OF ONSITE DRAINAGE 39.
RELATED FEATURES.
A FLOOD HAZARD DEVELOPMENT PERMIT IS REQUIRED FOR ALL CONSTRUCTION OR 40.
DEVELOPMENT OCCURRING IN THE FLOODPLAIN OR FLOODWAY AS DELINEATED ON
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FIRM COMMUNITY PANEL MAP
Y08123C-1490E, 1495E, 1660EAND 1681E EFFECTIVE DATE JANUARY 20, 2016 (FLOODPLAIN).
ANY DEVELOPMENT SHALL COMPLY WITH ALL APPL..ICAELE WELD COUNTY REQUIREMENTS.
COLORADO WATER CONSERVATION BOARD REQUIREMENTS AS DESCRIBED IN RULES AND
REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO, AND FEMA REGULATIONS 41.
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, ORILLING OPERATIONS, OR STORAGE
OF EQUIPMENT AND MATERIALS.
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.
SOURCES OF LIGHT SHALL BE SHIELDED SO THAT BEAMS OR RAYS OF LIGHT 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 43.
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.IOVELAND READY MIX -
LOCATION MAP
SCALE: I" = 20110'
2MUSR17-0L-1329 9
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 2012 INTERNATIONAL BUILDING CODE. 2012
INTERNATIONAL MECHANICAL CODE, 2012 INTERNATIONAL PLUMBING CODE : 2012
INTERNATIONAL FUEL GAS CODE, 20061NTERNATIONAL ENERGY CODE: 2011 NATIONAL
ELECTRICAL CODE: 2009NSI 117.1 ACCESSIBILITY CODE AND CHAPTER 29 OF THE WELD 44.
COUNTY CODE.
'NO TRESPASSING- SIGNS SHALL BE POSTED AND MAINTAINED ON THE PERIMETER FENCE
TO CLEARLY IDENTITY THE BOUNDARIES Of THE SITE.
WHERE TOPSOIL IS REMOVED, SUFFICIENT ARABLE SOIL SHALL BE SET ASIDE FOR
RE -SPREADING OVER THE RECLAIMED AREAS.
IF ANY WORK ASSOCIATED WITH THIS PROJECT REQUIRES THE PLACEMENT OF DREDGE
OR FILL MATERIAL. AND ANY EXCAVATION ASSOCIATED WITH A DREDGE OR FILL PROJECT. 45.
EITHER TEMPORARY OR PERMANENT IN THE WATERS OF THE UNITED STATES WHICH MAY
INCLUDE STREAMS, OPEN WATER LAKES AND PONDS OR WETLANDS AT THIS SIT. THE
DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS SHALL BE NOTIFIED BY A PROPONENT
OF THE PROJECT FOR PROPER DEPARTMENT OF THE ARMY PERMITS OR CHANGES IN
PERMIT REQUIREMENTS PURSUANT TO SECTION 404 OF THE CLEAN WATER ACT.
EXISTING TREES AND GROUND COVER ALONG PUBLIC ROAD FRONTAGE AND DRAINAGE
WAYS SHALL BE PRESERVED. MAINTAINED. AND SUPPLEMENTED, If NECESSARY, FOR THE
DEPTH OF THE SETBACK IN ORDER TO PROTECT AGAINST ANDIOR REDUCE NOISE OUST
AND EROSION.
THE SAND AND GRAVEL OPERATION SHALL COMPLY WITH OPERATION POLICES OF
SECTION 23-4.290 OF THE WELD COUNTY CODE
THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH
THE DESIGN STANDARDS OF SECTION 23.2.240 OF THE WELD COUNTY CODE.
THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH
THE OPERATION STANDARDS OF SECTION 23-2.250 OF THE WELD COUNTY CODE.
THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH
THE DESIGN AND OPERATION STANDARDS OF CHAPTER 23 OF THE WELD COUNTY CODE
NECESSARY PERSONNEL FROM THE WELD COUNTY DEPARTMENTS OF PLANNING
SERVICES. PUBLIC WORKS. 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.
THE AMENDED 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 46.
SERVICES.
THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH
ALL OF THE FOREGOING DEVELOPMENT STANDARDS. NONCOMPLIANCE WITH ANY OF THE
FOREGOING DEVELOPMENT STANDARDS MAY BE REASON FOR REVOCATION OF THE
PERMIT BY THE BOARD OF COUNTY COMMISSIONERS.
RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT WELD COUNTY HAS SOME OF THE
MOST ABUNDANT MINERAL RESOURCES. INCLUDING, BUT NOT LIMITED TO, SAND AND
GRAVEL. OW. NATURAL GAS. AND COAL. UNDER TITLE 34 Of THE COLORADO REVISED
STATUTES. MINERALS ARE VITAL RESOURCES BECAUSE (A) THE STATE'S COMMERCIAL
SHEET
LIST
TABLE
NO.
TITLE
1
COVER
SHEET INDEX
SHEET AND
2
VICINITY
MAP
3
EXISTING OPERATIONS & OVERALL PLOT PLAN
4
PLOT PLAN
5
PLOT PLAN - PROCESSING
AREA
MINERAL DEPOSITS ARE ESSENTIAL TO THE STATES 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.
LOVELAND READY MIX-2MUSR17-CL-132910 MINERAL RESOURCE LOCATIONS ARE
WIDESPREAD THROUGHOUT THE COUNTY AND PERSON MOVING INTO THESE AREAS MUST
RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT. OFTEN TIMES,
MINERAL RESOURCE SITES ARE FIXED TO THEIR GEOGRAPHICAL AND GEOPHYSICAL
LOCATIONS. MOREOVER, THESE RESOURCES ARE PROTECTED PROPERTY RIGHTS AND
MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL
RESOURCE.
WELD COUNTY'S RIGHT TO FARM. WELD COUNTY IS ONE Of THE MOST PRODUCTIVE
AGRICULTURAL COUNTIES IN THE UNITED STATES. TYPICALLY RANKING IN THE TOP TEN
COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD.
THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ARE
INTENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST
RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS, INCLUDING CONFLICTS WITH
LONG-STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN
TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN
DWELLERS TO RELOCATE TO RURAL AREAS OPEN VIEWS, SPACIOUSNESS, WILDLIFE, LACK
OF CITY NOISE AND CONGESTION, AND THE RURAL ATMOSPHERE AND WAY OF LIFE
WITHOUT NEIGHBORING FARMS, THOSE FEATURES WHICH ATTRACT URBAN DWELLERS TO
RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER. AGRICULTURAL USERS OF
THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED
AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A
RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES WILL GENERATE OFFSITE 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. R 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
353.5102. C.RS.. 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 AGRICUL TURAL COMMUNITY. IT IS UNREALISTIC TO
ASSUME THAT DITCHES AND RESERVOIRS MAY SNIPLY 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
41. 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 TQ ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR
SNOWSTORM. SERVICES IN RURAL AREAS, IN MANY CASES. WILL NOT BE EOUIVALENT TO
MUNICIPAL SERVICES. RURAL DWELLERS MUST. BY NECESSITY, BE MORE
SELF-SUFFICIENT THAN
48. URBAN DWELLERS. PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN
IN AN URBAN OR SUBURBAN SETTING. FARM EQUIPMENT AND OW FIELD EQUIPMENT,
PONDS AND IRRIGATION DITCHES. ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT
OPERATIONS. HIGH SPEED TRAFFIC. SAND BURS, 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.
NOTES.
FtOODP'CNN DELINEATION FROM FLOOD HAZARD AREA DEVELOPMENT PERMIT 417
DATED 2002.
2. NO ADDITIONAL STRUCTURES ARE PROPOSED AT THIS TIME. ALL EXISTING STRUCTURES
MEET THE MINIMUM SETBACK AND OFFSET REQUIREMENTS FOR THE ZONE DISTRICT IN
WHICH THE PROPERTY IS LOCATED, AS MEASURED FROM THE FUTURE RIGHT-OF-WAY.
3. A SEPTIC SYSTEM IS CURRENTLY USED ON SITE AND PERMITTED UNDER WELD COUNTY
PERMIT NUMBER SP -0100489.
4. CONTROL OF NOXIOUS WEEDS WILL BE BY SPOT SPRAYING AND MOWING TO CONTINUE
AS NEEDED.
DRAINAGE FLOW PATTERNS WILL NOT BE DISTURBED. EXISTING STORM WATER
MANAGEMENT PRACTICES HAVE PROVEN EFFECTIVE FOR THE SITE. AND WILL BE
MAINTAINED. LOVELAND READY -MIX CONCRETE, INC. IS SUBJECT OT COPS PERMIT COG
501572.
6. US ARMY CORPS OF ENGINEER'S 404 WETLANDS PERMIT (NUMBER 200160206) WAS
ISSUED ON SITE. THIS PERMIT HAS BEEN DEEMED COMPLETE AND WAS RELEASED ON
AUGUST 27. 2008 WITH THE APPROVED MITIGATION AS SHOWN IN THIS MAP SET.
7 CURRENT APEN 08WET211, 02P0070S. AND 06WE 1360 TO REMAIN AND RENEWED AS
REQUIRED.
8. CURRENT ACCESS TO REMAIN. ACCESS PERMIT MP16-00196.
9. NO NEW STRUCTURES ARE PROPOSED AT THIS TIME. NO BUILDING PERMIT IS
ANTICIPATED AT THIS TIME.
10. THIS AMENDMENT TO Am-USR 1329 PROPOSES TO ALLOW THE EXISTING CONCRETE
BATCH PLANT, AGGREGATE PROCESSING PLANT. RETURNED CONCRETE RECYCLING
OPERATIONS. AND ASSOCIATED OPERATIONS TO REMAIN IN PERPETUITY AFTER THE
APPROVED MINING AND RECLAMATION IS COMPLETED. AT THIS TIME. NO ADDITIONAL
OPERATIONS OR STRUCTURES ARE ANTICIPATED AND LOVELAND READY -MAX CONCRETE,
INC. WI L APPLY FOR ANY NECESSARY PERMITS PRIOR TO BEGINNING ANY ADDITIONAL
OPERATIONS ON THE SITE. AGGREGATES SUPPLYING THE BATCH PLANT AND
PROCESSING PLANT ARE CURRENTLY BEING SUPPLIED BY THE APPROVED MINING CELL. 4
AND, AS APPROVED. IMPORTED FROM THE WALTERS I BOKELMAN PIT. ONCE MINING AT
WALTERS I BOKELMAN PIT IS COMPLETED. FUTURE IMPORTATION OF AGGREGATES MAY
COME FROM OTHER, TO BE DETERMINED SOURCES MINED BY LOVELAND READY -MIX
CONCRETE, INC. ANY FUTURE IMPORTATION OF AGGREGATES WILL BE CONDITIONAL
UPON FUTURE APPROVAL BY WELD COUNTY OF THE FUTURE MINE SITES. TRUCK TRAFFIC
IS NOT EXPECTED TO INCREASE BY THE IMPORTING OF AGGREGATES.
S.
COVER SHEET AND SHEET INDEX
2MUSR17-01-1329
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SUBJECT SITE LOCATED IN THE NORTH 12 SECTION 30
TOWNSHIP 5 NO0.TH RANGE 61 WEST OF THE 6TH
PRINCIPAL MERIDIAN COUNTY OF WELD STATE OF
COLORADO
LEGEND
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24
SOIL TYPES
PROPERTY OWNERS WITHIN 1/2 MILE
ELD COUNTY
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LOVELAND READY -MIX CONCRETE, INC.
USE BY SPECIAL REVIEW 2MUSR17-01-1329
A PORTION OF THE NORTH 1/2 SECTION 30, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF WELD, STATE OF COLORADO
PROPERTY OWNER'S CERTIFICATION
iTE LfmExslGAeD.A1q! PIOPERfY O.NER(S) W NERE61' •o�E ro TTE.SrOR AUENTf.EOTT
Or THE 611[ 6PEOPC OEVFLOPMFM Purl Al0 USE C/ aP[CIAL Rflftw QTANCIRM ill
DEsdtlela NERFr+Ms DAY aF •r, I� mW
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NTU'
PROPERTY OWNER'S OWNER'S CERTIFICATION
THE LlIOFRSGNED IN!(fl PROPERTY Dq'NnVs) W Np1E6Y •f.R![ roTHE RDIOR 4AEIOMENT
DP THE srtE sPEomc DtvEtaruE it PTA: AID1 : rn 6PEnu RENEW s1ANDARDs As
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CERTIFICATION OF APPROVAL BY THE DEPARTMENT OF
PLAT, 111 ERVICES-AD
THff IONORMiTD11E T PLAT 6 ACCEPTED AHD ;IG
r aFFDR Punl , OF P1ASEpNCE6
STATE OF COLORADO
1r
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EXISTING OPERATIONS 8 OVERALL PLOT PLAN
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This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
NWT
Ili,. , WELD COUNTY
,
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This
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This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
40W401 WI iy!LUZi Ui.0y r -N.
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $106.00
Carly Koppes - Clerk and Recorder, Weld County , CO
WARRANTY DEED
State Doc Fee: $106.00
Recording Fee: $18.00
THIS DEED is dated the 17th day of March, 2021, and is made between
Croissant Family Farm, LLC, a Colorado limited liability company
(whether one, or more than one), the 'Grantor of the County of Weld and State of Colorado and
Dustin C. Christensen and Jamie A. Christensen
the "Grantees", whose legal address is 7008 County Rd 54, Johnstown, CO 80534 of the County of Weld and
State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of One Million Sixty Thousand Dollars and No
Cents ($1,060,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains,
sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in
common but in joint tenancy, all the real property, together with any improvements thereon, located in the County
of Weld and State of Colorado described as follows:
See Exhibit `'A'' attached hereto and made a part hereof.
also known by street address as: 0 Vacant Land, CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to
and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealiing and delivery of these
presents, the Grantor is well seized of the premises above described; has good, sum, perfect, absolute and
indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and fonn as aforesaid; and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever, except and subject to:
' axes and all subsequent years, restrictions, reservations, covenants, easements and rights -of -way of
record, if any.
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the
quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and
every person or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Croissant Family Farm, LLC, a Colorado limited liability
company
LarryL. Croissant, Member
By: kt,
Patricia Jean Cfissant, Member
By. <,
ernes D. Crossiant, Member and Initial Manager
WHITE
t18L.IC
ATE OF COLORADO
WOT7.f?Y IC ?99v4005668
MwSSI erd XPlREs APRIL ,1
State of Colorado
County of 4`
The foregoing instrument was acknowledged before me this 17th day of March, 2021 by James D. Croissant as
Member and Initial Manager and Larry L. Croissant and Patricia Jean Croissant as Members of Croissant Family
Farm, LLC, a Colorado limited lia ility company.
C{.
Notary Public:
My Commission Expires:
z1
stewed Title File No.: 276028 2- 1' L- (L g
Warranty Deed 921 JT GO
Page 102
40W40 I ! VJ/ I b/LVL I V I .3V ',v.
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
File No.: 276028
A tract of land in the Northeast Quarter of Section 30, Township 5 North, Range 67 West of the Sbdh
P.M., County of Weld, State of Colorado, described as follows:
Beginning at a point 2640 feet East of the Northwest comer of said Section 30; thence East 2023 feet;
thence South 30°3654" West 3067.4 feet to the South line of said Northeast Quarter, thence West 485
feet thence North 2640 feet to the place of beginning;
EXCEPT that parcel of land conveyed in Quitclaim Deed recorded January 16, 2001 as Reception No.
2819481;
County of Weld, State of Colorado
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
C. Gathman
Case Number: 2MUSR17-01-1329
Applicant:
Agent:
Request:
Legal
Description
Location.
Loveland Ready -Mix Concrete, Inc./Croissant Family Farm LLC
Don Friess — d2 CAD Consulting LLC
Director Approval
An application for a Minor Amendment to AMUSR-1329 (Including Open Pit Mining and
Materials Processing, a Concrete Batch Plant, and the Importation of Sand and Gravel
Aggregates) to allow the continued operation of a concrete batch plant, aggregate
processing plant and returned concrete crushing plant along with associated processes
after mining has been completed at the AMUSR-1329 site in the A (Agricultural) Zone
District.
Part of the NE4 and Lot B RECX16-0020; both located in N2 of Section 30 T5N R67W
of the 6th PM, Weld County, CO
East of and adjacent to County Road 13 and south of and adjacent to County Road 54.
Size of Parcel: +/- 227.24 acres
Summary:
Parcel No.
0957000020 &
09573000038
The applicant is proposing a minor amendment to AMUSR-1329 to allow the continued importation of
sand and gravel aggregates and the continued operation of the concrete batch plant after mining
operations have ceased.
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE
FOLLOWING REASONS:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area
and be in harmony with the neighborhood.
The proposed minor amendment is adjacent to rural residences to the south and west.
This minor amendment is to an existing mining operation approved in 2001 and an amendment
for the importation of outside resources to be processed by the batch plant was approved in
2005. Six-foot berms have been installed around the site along with an opaque fence along
County Road 54 and County Road 13. This proposed minor amendment will not change the
layout or increase the footprint of the operation. Any additional impacts to county roads will be
addressed through an Improvements and Road Maintenance Agreement.
LOVELAND READY MIX - 2MUSR17-01-1329
The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-2-80.5 CM.Policy 3.5. The land use applicant should demonstrate that the street or
highway facilities providing access to the mining activity are adequate in functional classification,
width and structural capacity to meet the requirements of the proposed mining activity. Require
internal road circulation, off-street parking, dust abatement, acceleration lanes, deceleration lanes,
common access collection points, signalization and other traffic improvements wherever necessary
to mitigate traffic impacts caused 'by the mining activity. Also, review applications for mining in
accordance with the Transportation Goals and Policies.
Public Works is requiring and Improvements and Road Maintenance Agreement to address dust
control, damage repair, haul routes and triggers for future improvements (right acceleration and left
deceleration lane).
Section 22-2-80.C 6. CM. Policy 3.6 Buffer, where possible, batch plants and processing plants
from adjacent uses.
The batch plant operation is buffered byan opaque fence along with berms and landscaping.
3. The proposed change(s) will not result in a substantial adverse impact on the other property in the
vicinity of the subject property.
The proposed minor amendment will allow the existing batch plant to remain on site after mining
operations have ceased on the property. The impact of the minor amendment will not
change/increase the impact of the existing operation approved under USR-1329 and AMUSR-
1329; The one change is that materials will continue to be imported from offsite and the batch plant
will continue to operate after mining operations have ceased.
{
Public Works is requiring and Improvements and Road Maintenance Agreement to address dust
control, damage repair, haul routes and triggers for future improvements (right accel and left decal
lane).
No phone calls or correspondence has been received from surrounding property owners regarding
this minor amendment.
4. The recommendations of the referral agencies have been considered.
Referral agency recommendations have been addressed through development standards and
conditions of approval.
Not deemed to be a major change.
A Pre -Application (PRE15-0266) meeting was held on January 7, 2016. ' In discussions with the
Weld County Department of Planning Services, the Weld County Public Department of Public
Health and Environment, the Weld County Department of Planning Services - Engineer, and the
Weld County Building Department it was determined that the proposed modifications are consistent
with the existing permit and minor in nature.
5.
6. Must be consistent with the original development standards.
Some of the original development standards are still applicable and will be listed on the MUSR
map. Development standards delineating Environmental Health, Public Works, Building and
Engineering requirements have -been updated to reflect updated language and requirements that
has occurred since the last amendment to this USR was approved in 2005.
LOVELAND READY MIX-2MUSR17-01-1329
4
This approval is based, in part, upon a review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control, damage repair, specified haul routes and future
traffic triggers for improvements will be included. (Department of Public Works)
B. Research indicates that there is an open Building Violation on this property, BCV14-0004, for the
expiration of building permit BCR13-00047-Installation of a 12x16 Pre -Fab Shelter. The required
inspections for building permit were not completed. A new building permit is required to complete
the required building inspections and final the structure installation. Evidence that a building permit
has been submitted shall be provided to the Department of Planning Services. (Department of
Building Inspection)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MUSR17-01-1329
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
4) County Road 13 is a paved road and is designated on the Weld County Road Classification
Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
5) County Road 54 is a paved road and is designated on the Weld County Road Classification
Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
6) Show and label the approved access(es) (AP16-00196), and the appropriate turning radii on
the site plan.
7) Show and label the approved tracking control on the site plan.
8) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
9) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
10) The applicant shall show and label the accepted drainage features and drainage flow arrows.
Ponds should be labeled.
11) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property.
LOVELAND READY MIX 2MUSR17-01-1329
12) Add the following signature blocks:
a) CERTIFICATE F APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -
ADMINISTRATIVE REVIEW
This minor amendment plat is accepted and approved by the Department of Planning
Services for filing.
State of Colorado )
) ss.
County of Weld )
Director, Department of Planning Services
The foregoing certification was acknowledged before me this day of
, 20 .
My commission expires
Witness my hand and Seal.
Notary Public
b) PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor Amendment
of the Site Specific Development Plan and Use by Special Review Standards as
described hereon this day of , 20_.
Signature Printed Name
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -gravel pit items such as
structures, parking lots, laydown yards etc..., a Weld County grading permit will be required.
(Department of Planning Services -Engineer)
B. All improvements to buildings and any new construction require a Flood Hazard Development
Permit. (Department of Planning Services - Floodplain)
3 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
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 Department of Planning Services' Staff. 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 sixty (60) days from the date of the
Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording
fee.
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not
be recorded within the required sixty (60) days from the date of the Board of County Commissioners
Resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
LOVELAND READY MIX - 2MUSRl7-01-1329 6
5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maos@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use b Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder.
By /- 4 Date:
Tom Parko Planning Director
LOVELAND READY MIX - 2MUSR17-01-1329 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
2MUSR17-01-1329
1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No.
AMUSR-1329 (Including Open Pit Mining and Materials Processing, a Concrete Batch Plant, and
the Importation of Sand and Gravel Aggregates) to allow the continued operation of a concrete
batch plant, aggregate processing plant and returned concrete crushing plant along with associated
processes after mining has been completed at the site 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. Hours of operation shall be from 6:00 AM to 7:00 PM, Monday through Saturday, and from 6:00
AM until Midnight for maintenance and repairs. Per Section 23-4-290.8 of the Weld County Code,
hours of operation may be extended with specific permission from the Weld County Board of
Commissioners.
4. The number of onsite employees associated with this facility is limited to twenty (20) persons.
5. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
7. 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.
8. 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.
9. 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
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code as well
as the approved waste handling plan.
10. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in
accordance with the approved dust abatement plan at all times.
11. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in Section 25-12-103 C.R.S.
12. The applicant shall remove, handle, and stockpile overburden, soil, sand, gravel, imported
materials, and any other items in a manner that will prevent nuisance conditions.
13. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and the public,
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.
LOVEI,ANI) READY MIX-2MUSR17-01-1329
15. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Wastewater Treatment Systems.
16. The facility shall utilize the existing public water supply. (Little Thompson Water District)
17. 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.
18. All potentially hazardous 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.
19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14).
20. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable.
21. 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.
22. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
23. The property owner shall control noxious weeds on the site.
24. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of onsite drainage related features.
28. 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 Map #08123C -1490E, 1495E, 1680Eand 1681E effective date January
20, 2016 (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.
29. 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.
30. Sources of light shall be shielded so that beams or rays of light 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.
LOVELAND READY MIX-2MUSR17-01-1329 9
31. 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: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012
International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
32. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identity
the boundaries of the site.
33. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas.
34. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredge or fill project, either temporary or permanent, in the waters of
the United States which may include streams, open water lakes and ponds or wetlands at this sit.
The Department of the Army, Corps of Engineers shall be notified by a proponent of the project for
proper Department of the Army permits or changes in permit requirements pursuant to Section 404
of the Clean Water Act.
35. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust and erosion.
36. The sand and gravel operation shall comply with operation policies of Section 23-4-290 of the Weld
County Code.
37. The property owner or operator shall be responsible for complying with the design standards of
Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the operation standards of
Section 23-2-250 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services, Public Works, 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.
41. The Amended 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.
42. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
43. 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.
LOVELAND READY MIX - 2MUSR17-01-I329 10
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
44. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
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, sand burs, 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.
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