HomeMy WebLinkAbout20222817.tiffRESOLUTION
RE: APPROVE REQUEST TO EXTEND TIME TO RECORD THE MAP FOR MAJOR
AMENDED USE BY SPECIAL REVIEW PERMIT, 1MJUSR21-76-298, FOR OPEN
MINING (SAND, GRAVEL AND STONE) AND PROCESSING OF MINERALS,
IMPORTATION OF AGGREGATE (SAND, GRAVEL AND STONE) FROM OFF SITE,
MINE OFFICE WITH SCALE HOUSE AND SCALE, A FUELING/LUBRICATING
STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING,
AND STORAGE, AND EMPLOYEE AND VENDOR PARKING, AND MORE THAN TWO
(2) CONEX CONTAINERS FOR STORAGE OF PRODUCTS AND EQUIPMENT
ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES, IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH WELD
GRAVEL, RLLP, C/O C & H AGGREGATE, 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, on February 9, 2022, the Board of County Commissioners of Weld County,
Colorado, approved the application of North Weld Gravel, RLLP, 13480 County Road 100, Nunn,
Colorado 80648, do C & H Aggregate, LLC, 46335 County Road 39, Nunn, Colorado 80648, for
a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1 MJUSR21-76-298, for Open Mining (sand, gravel and stone) and processing of minerals,
importation of aggregate (sand, gravel and stone) from off site, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking, and
storage, and employee and vendor parking, and more than two (2) conex containers for storage
of products and equipment associated with operations outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
E1/2 NE1/4, and part of the SE1/4 of Section 7 lying
northwesterly and westerly of the Pierce Lateral;
excepting therefrom a 56.5 -acre parcel of land in the
W1/2 of the SW1/4 and in the SW1/4 of the NW1/4
of Section 7 conveyed to Weld County, Colorado, by
Deed recorded June 12, 1962, in Book 1617,
Page 174; also excepting therefrom a parcel of land
lying southerly and easterly of the Pierce Lateral
Ditch in the SE1/4 of Section 7, all within Township 8
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Section 23-2-280. Changes to a Special Review Permit of the Weld County
Code states:
C. The applicant shall submit the draft map for preliminary approval to the
Department of Planning Services in electronic (pdf) format. Upon
approval of the draft map, the applicant shall submit a final map for
recording, along with all other documentation required as conditions
CC: Pt- tTP/► r)/Ko)cACag)
APP", '
10/25122.
2022-2817
PL0589
EXTEND TIME TO RECORD THE MAP FOR 1MJUSR21-76-298 — NORTH WELD GRAVEL,
RLLP, CIO C & H AGGREGATE, LLC
PAGE 2
of approval. The map shall be delineated in nonfading permanent black
ink on Mylar or other drafting media approved by the Department of
Planning Services. The map shall bear original signatures and seals in
permanent black ink. Upon completion of all conditions of approval, the
map shall be recorded in the office of the County Clerk and Recorder by
the Department of Planning Services. The applicant shall be responsible
for paying the recording fee. The conditions of approval shall be met and
the map recorded within one hundred twenty (120) days from the date the
resolution was signed. If the map has not been recorded within one
hundred twenty (120) days from the date the resolution was signed, or if
an applicant is unable to meet all of the conditions within one hundred
twenty (120) days of approval, the applicant may request an extension
from the Director of Planning Services. The Director of Planning Services
may grant a one-time extension of up to one hundred twenty (120) days,
for good cause shown, upon a written request by the applicant. Before
this extension has expired, the applicant may seek a further extension
from the Board of County Commissioners by written request to the
Director of Planning. If the Board of County Commissioners denies the
extension or if the conditions are not met and the map recorded by the
date specified by the Board, the approval shall be voided, and the
application denied."
WHEREAS, the Department of Planning Services received a request from North Weld
Gravel, RLLP, do C & H Aggregate, LLC, along with their representative Otis and Bedingfield,
LLC, the Doyle Building, 1812 56th Avenue, 2nd Floor, Greeley, Colorado 80634, by letter dated
October 4, 2022, for a second extension of 120 days to complete the outstanding Conditions of
Approval and items to be completed prior to recording the USR map, and staff set the matter to
be considered by the Board of Weld County Commissioners on October 10, 2022, and
WHEREAS, at said hearing, the applicant North Weld Gravel, RLLP, do C & H Aggregate,
LLC, was represented by Otis and Bedingfield, LLC, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the information presented by the applicants and the recommendation of
the Weld County Department of Planning Services, and having been fully informed, deems it
advisable to grant the request for an extension of time until Monday, February 6, 2023, to record
the USR map.
NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that
the request for an extension of time to record the map for Major Amended Use by Special Review
Permit, 1 MJUSR21-76-298, for Open Mining (sand, gravel and stone) and processing of minerals,
importation of aggregate (sand, gravel and stone) from off site, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking, and
storage, and employee and vendor parking, and more than two (2) conex containers for storage
of products and equipment associated with operations outside of subdivisions and historic
2022-2817
PL0589
EXTEND TIME TO RECORD THE MAP FOR 1MJUSR21-76-298 - NORTH WELD GRAVEL,
RLLP, C/O C & H AGGREGATE, LLC
PAGE 3
townsites, in the A (Agricultural) Zone District, be, and hereby is, granted, with said extension
granted through February 6, 2023.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.`/;4,
Weld County Clerk to the Board
County Attorney
Date of signature: 104/22
ALJames, Chair
7
Mike cPPman, Pro-Te
2022-2817
PL0589
IO/1O
Jan Warwick
From:
Sent:
To:
Subject:
Attachments:
Kim Ogle
Wednesday, October 5, 2022 8:11 AM
Esther Gesick; Chloe White; Houstan Aragon; Jan Warwick; Jessica Reid
FW: Request to BOCC for 120 Extension To Complete Conditions Of Approval
1MJUSR21-76-298
2022.10.04 1MJUSR21-76-298 120 day Extension Request.pdf
Hello all
Please arrange to add to the docket for Monday's Agenda
Let me know if you have questions.
Thank you
Kim
Kim Ogle
Principal Planner
Weld County Planning Services
970.400.6100 Office
970.400.3549 Direct
koole@weldoov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Wednesday, October 5, 2022 7:30 AM
To: Stacey Shea <SShea@nocoattorneys.com>
Cc: Kim Ogle <kogle@weldgov.com>; cliff@chexcavation.com; Derek Daniels <derek@chexcavation.com>; Corey Moore
<cmoore@nocoattorneys.com>
Subject: RE: Request to BOCC for 120 Extension To Complete Conditions Of Approval 1MJUSR21-76-298
Ms. Shea,
Good morning. Thank you for submitting the request to extend the deadline to record the USR map
for an additional 120 days.
Kim- please get with the Clerk to the Board and get this request on the BoCC's October 10th 9am
agenda.
I realize that this request will be placed on the Board's agenda after the expiration, but I will inform the
Commissioners that your request was sent to my attention in a timely manner and the delay was on
me.
"Sec. 23-2-280. - Changes to a Special Review Permit.
C. The applicant shall submit the draft map for preliminary approval to the Department of Planning
Services in electronic (pdf) format. Upon approval of the draft map, the applicant shall submit a final
1 2022-2817
PLo5w'1
map for recording, along with all other documentation required as conditions of approval. The map
shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by
the Department of Planning Services. The map shall bear original signatures and seals in permanent
black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee. The conditions of approval shall be met and the map
recorded within one hundred twenty (120) days from the date the resolution was signed. If the map
has not been recorded within one hundred twenty (120) days from the date the resolution was signed,
or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of
approval, the applicant may request an extension from the Director of Planning Services. The Director
of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for
good cause shown, upon a written request by the applicant. Before this extension has expired, the
applicant may seek a further extension from the Board of County Commissioners by written request
to the Director of Planning. If the Board of County Commissioners denies the extension or if the
conditions are not met and the map recorded by the date specified by the Board, the approval shall
be voided, and the application denied."
Should you have any questions please let me know.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
From: Stacey Shea <SShea@nocoattorneys.com>
Sent: Tuesday, October 4, 2022 5:04 PM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Kim Ogle <kogle@weldgov.com>; cliff@chexcavation.com; Derek Daniels <derek@chexcavation.com>; Corey Moore
<cmoore@nocoattorneys.com>
Subject: Request to BOCC for 120 Extension To Complete Conditions Of Approval 1MJUSR21-76-298
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon,
Please see attached request for an extension of the Current October 7, 2022 deadline to complete the Conditions of
Approval and Record the Map for this Amended USR.
Thank you advance for your time and consideration.
Stacey L. Shea, Esq.
Partner
Otis & Bedingfield, LLC
1812 56th Ave
Greeley, CO 80634
970-330-6700 — Office
970-397-1897 — Cell
ssheagnocoattorneys.com
2
S 11. Shea
Attorney at Law
OTIS c . BEDINGFIELD, LLC
ATTORNEYS AT LAW
Weld County Planning Services
do Tom Parko
1555 N 170 Ave
Greeley, CO 80631
Stacey L. Shea
The Doyle Building
1812 56th Avenue, 2°a Floor
Greeley, CO 80634
970-330-6700
sshcara nocoattomeys.com
www.nocoattorneys.com
October 4.2022
via: Email tparko@weldgov.com
RE: Request For an Additional 120 Day Extension to Complete Conditions of
Approval for Site Specific Development Plan and Major Amended Use by
Special Review Permit 1MJUSR21-76-298
Weld County Planning:
This office represents C & H Aggregate, LLC (the "Applicant") in relation to the Site
Specific Development Plan and Major Amended Use by Special Review Permit,
l MJUSR21-76-298 application (the "Amended USR") for an expansion of the open mining
operations performed on property located in Weld County (the "County").
Applicant respectfully requests that the Weld County Board of County Commissioners
(the "BOCC") grant Applicant an extension of 120 days from the current October 7, 2022
submission deadline in order to continue to work through satisfying the Conditions of
Approval and recording of the required map for the Amended USR.
Please contact my office with any questions or concerns regarding this request.
Sincerely,
d, LLC
cc: Cliff Simpson
Derek Daniels
Corey Moore
Kim Ogle
cliffichexcavation.com
derek@chexcavation.com
cmoore@nocoattorneys.com
kogle@weldgov.com
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1 MJUSR21-76-298, FOR OPEN MINING (SAND, GRAVEL
AND STONE) AND PROCESSING OF MINERALS, IMPORTATION OF AGGREGATE
(SAND, GRAVEL AND STONE) FROM OFF SITE, MINE OFFICE WITH SCALE HOUSE
AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE GENERATORS,
MOBILE MINING EQUIPMENT PARKING, AND STORAGE, AND EMPLOYEE AND
VENDOR PARKING, AND MORE THAN TWO (2) CONEX CONTAINERS FOR
STORAGE OF PRODUCTS AND EQUIPMENT ASSOCIATED WITH OPERATIONS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES, IN THE
A (AGRICULTURAL) ZONE DISTRICT - NORTH WELD GRAVEL, RLLP,
C/O C & H AGGREGATE, 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, on February 2, 2022, the Weld County Offices were closed due to inclement
weather conditions and the scheduled Land Use hearings were moved to the following
Wednesday, February 9, 2022, per the updated and published Agenda, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
February, 2022, at the hour of 10:00 am., in the Chambers of the Board, for the purpose of
hearing the application of North Weld Gravel, RLLP. 13480 County Road 100, Nunn, Colorado
80648, c/o C & H Aggregate, LLC, 46335 County Road 39, Nunn, Colorado 80648, for a Site
Specific Development Plan and Major Amended Use by Special Review Permit.
1MJUSR21-76-298, for Open Mining (sand, gravel and stone) and processing of minerals.
importation of aggregate (sand, gravel and stone) from off site, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking, and
storage, and employee and vendor parking, and more than two (2) conex containers for storage
of products and equipment associated with operations outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
E1/2 NE1/4, and part of the SE1/4 of Section 7 lying
northwesterly and westerly of the Pierce Lateral;
excepting therefrom a 56.5 -acre parcel of land in the
W1/2 of the SW1 /4 and in the SW1 /4 of the NW1/4
of Section 7 conveyed to Weld County, Colorado. by
Deed recorded June 12, 1962, in Book 1617,
Page 174; also excepting therefrom a parcel of land
lying southerly and easterly of the Pierce Lateral
Ditch in the SE1/4 /4 of Section 7. all within Township
8 North, Range 65 West of the 6th P.M., Weld
County, Colorado
CC % f t- ?P / KO), EF-(0`.)1 C Ft 068),
317 /22
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SPECIAL REVIEW PERMIT (1MJUSR21-76-298) - NORTH WELD GRAVEL, RLLP, CIO C & H
AGGREGATE, LLC
PAGE 2
WHEREAS, at said hearing, the applicant was present and represented by Jared Daines,
Applegate Group, Inc., 1490 West 121st Avenue, Suite 100, Denver, Colorado 80234, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.8.1 — 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." Subsection B.1 states: "Ensure that surface
development reasonably accommodates mineral extraction." The
County recognizes that mineral resource extraction is an essential
industry. The availability and cost of materials such as sand and
gravel have an effect on the successfulness of general construction
and road construction industries. 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
dry agricultural lands. 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
VI - Water deposited gravel, sand, silt and clay along present
stream courses, and the material is predominately gravel that is
clean and sound.
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." To address the impact to the area roads, prior to
recording the USR map, a Condition of Approval requires a Road
Maintenance Agreement for dust control, damage repairs to
specified haul routes, triggered off -site improvements and up -front,
off -site improvements, to be accepted by the Board of County
Commissioners. The aggregate material will be recovered using
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SPECIAL REVIEW PERMIT (1MJUSR21-76-298) - NORTH WELD GRAVEL, RLLP, C/O C & H
AGGREGATE, LLC
PAGE 3
equipment typical for sand and gravel mining operations. Mining
equipment may include, but is not limited to, front-end loaders,
scrapers, excavators, a drag line, dozers, off -road haul trucks,
dump trucks and a water truck. Processing equipment may include,
but is not limited to, conveyors, crushers, and screen plants. A scale
and scale house may be built at the mine. During mining and
reclamation activities, watering trucks will be used for dust control,
as needed. Since the material is unconsolidated deposits, no
explosives or blasting is required.
B. Section 23-2-230.8.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) 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 outside of subdivisions and historic townsites. Also
included are a mine office with a scale house and scale, a
fueling/lubricating station, portable generators, mobile mining
equipment, parking and storage, and employee and vendor
parking. Section 23-3-40.C allows for more than the number of
cargo containers allowed by Section 23-3-30, up to ten (10) for
storage of products and equipment for operations in the
A (Agricultural) Zone District.
2) 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."
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding 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 this Use
by Special Review permit application, and in the Weld County Code.
Zoning in the area surrounding the site is primarily the A (Agricultural) Zone
District. In addition to agricultural uses, there are multiple Special Uses
within a one (1) mile, including aggregate mining, oil and gas development
and light industrial uses. The end use, dryland agriculture, is consistent
with the uses in the area surrounding areas. The adjacent lands within
one (1) mile of the property boundary consist of agricultural uses,
aggregate mining, recreational facilities, rural residences, oil and gas
operations, and a dairy. Many are permitted through a Use by Special
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SPECIAL REVIEW PERMIT (1MJUSR21-76-298) - NORTH WELD GRAVEL, RLLP, C/O C & H
AGGREGATE, LLC
PAGE 4
Review Permit, including: The Lone Tree Pit, to the west, permitted via
USR11-0020, the Ornelas recreational horse racing track, to the north,
permitted via 1 MUSR18-17-0024, and the Weld County Pierce North
Gravel Pit, to the northwest, permitted via USR-1716. Lands to the east
and south are agricultural lands with limited rural residences. One-half (.5)
mile south of the intersection of County Roads 94 and 39 is the
10,000 -head Longs Peak Dairy, permitted via USR-1395.
There are nine (9) residences within one (1) mile of the mine site, with the
nearest residence being approximately 545 feet from the USR/DRMS
permit boundary, south of County Road 94. Said residence is located 1,400
feet from an excavation site and approximately one (1) mile from the
processing site. Two (2) residences are located to the east of the alternate
excavation site and processing area and are both approximately 4,500 feet
from each area. All other residences are located at a distance of
one-half (.5) mile, or greater, from the proposed USR/DRMS permit
boundary and one (1) mile, or greater, to an excavation site or processing
area. The Weld County Department of Planning Services sent notice to 36
surrounding property owners and Planning staff received no written
correspondence or telephone calls of inquiry about the application.
The Conditions of Approval require the applicant to submit an accepted
Improvements and Road Maintenance Agreement (maintenance includes,
but is not limited to, dust control and damage repair to specified haul
routes), and an accepted County Access Permit. The Noise Abatement
Plan and Dust Abatement Plan have been submitted and reviewed. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.6.4 — 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
two (2) municipalities, the Town of Pierce and the Town of Nunn. The
Towns of Pierce and Nunn do not have a Coordinated Planning Agreement
with Weld County and the mine site is not located within an
Intergovernmental Agreement Area or Coordinated Planning Area of any
municipality.
The Town of Pierce 1976 Comprehensive Plan Future Land Use Plan
Development Policies, "... encourages planned, innovative and controlled
growth which complies with local goals and objectives. Because there are
large undeveloped areas within the town, it is felt that Pierce will proceed
at a reasonable pace to allow future growth. However, until the town
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SPECIAL REVIEW PERMIT (1MJUSR21-76-298) - NORTH WELD GRAVEL, RLLP, 0/O C & H
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PAGE 5
develops that undeveloped portion of land within its corporate limits, it will
be a town policy to generally oppose any effort to incorporate or annex
areas at its fringe. Generally, areas not urban in character will not be
encouraged to annex to the town." The Town of Pierce 1976
Comprehensive Plan Future Land Use Plan was not a component of the
adopted June 22, 1976, document. The Town of Pierce returned multiple
referrals with the October 8, 2021, referral indicating no conflict with their
interests.
The Town of Nunn's 2008 Comprehensive Plan Land Use Concept Plan
identifies lands east of County Road 35 and south of County Road 92 as
outside of their Planning area and two (2) miles or greater in distance
outside of their Town Limits. Lands located between the Town Limits and
the Planning Area are designated as Agriculture. The designated
agricultural lands typically include large parcels of land that are used to
cultivate crops and nursery stock, to raise animals and to provide
farm -related products and are located on the outskirts of the community,
typically between the Primary Growth Area and the Planning Area. It is
important to buffer agricultural uses from other uses because agricultural
production may include a variety of hazards, including heavy farm
equipment, irrigation ditches, herbicides, pesticides, livestock, and open
burning. The Town of Nunn did not return a referral to the County.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsite Overlay District, or the Agricultural Heritage Overlay District
boundary. 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 23-2-230.6.6 — 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 399.52 acres of Farmland of
Statewide Importance and 122.48 acres of Prime (Irrigated) Farmlands, per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Colorado Revised Statutes provide for the extraction of mineable
resources prior to any surface development. Post mining, the land will be
reclaimed back to dryland agriculture. As stated, the properties of the site
contain some "Farmland of Statewide Importance" and 122.48 acres of
"Prime (Irrigated) Farmlands." 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
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SPECIAL REVIEW PERMIT (1MJUSR21-76-298) - NORTH WELD GRAVEL, RLLP, C/O C & H
AGGREGATE, LLC
PAGE 6
the land and will not interfere with the agricultural productivity of
surrounding properties.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of North Weld Gravel, RLLP, c/o C & H Aggregate, LLC,
for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-76-298, for Open Mining (sand, gravel and stone) and processing of minerals,
importation of aggregate (sand, gravel and stone) from off site, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking, and
storage, and employee and vendor parking, and more than two (2) conex containers for storage
of products and equipment associated with operations 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 off -site
improvements at this location. The agreement shall include provisions
addressing dust control, damage repairs to specified haul routes, triggered
off -site improvements and up -front off -site improvements. This shall
include, but is not limited to:
1) County Road 39, north of County Road 94, to just north of the site
access — pave the road segment to meet Chapter 8 standards.
2) County Road 39 at the site access — northbound left turn
deceleration lane.
3) County Road 39 at the intersection with CR 90 — upgrade
intersection to include auxiliary turn lanes.
4) The bridge on CR 90, just east of U.S. Highway 85 — widen to
accommodate the intersection improvements warranted for County
Road 90 at U.S. Highway 85 — specifically westbound right and left
turn deceleration lanes and the right turn acceleration lane.
B. A Final Drainage Narrative, requesting and justifying detention exception
number 6, of Section 8-11-40.1 of the Weld County Code, is required. The
Narrative shall include topographic information with drainage flow arrows
proving that all stormwater flows are directed to the gravel pits.
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C. The applicant shall attempt to address the requirements of the Pierce
Lateral Ditch Company, as stated in the referral response dated October 6,
2021. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the electronic referral response received
December 13, 2021, specific to the Traffic Study prepared in conjunction
with the land use application. "CDOT agrees with the conclusions of the
study, including the results of the signal warrant analysis. CDOT will require
the applicant to apply for a CDOT Access Permit to account for the
construction associated with the NB right deceleration lane on CO 85 at the
CO 85/CR 90 intersection. As stated in the study, the existing deceleration
lane is too shod and CDOT expects the additional 219 feet to be added to
the lane by the applicant to safely accommodate the large truck vehicles'
queuing." Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall acknowledge the requirements of the Colorado Division
of Water Resources, as stated in the referral response dated December 21,
2021. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F. A Communication Plan shall be submitted to, and accepted by, the
Department of Planning Services.
G. A Lighting Plan shall be submitted for nighttime operations, as applicable,
and approved by, the Department of Planning Services.
H. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR21-76-298.
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 delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the on -site lighting for night-time
operations, in accordance with the accepted Lighting Plan.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
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7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
8) Portable toilets shall be screened.
9) County Road 37 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 39 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) County Road 94 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
12) County Road 96 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
13) The applicant shall show and label the permitted access locations
onto County Roads 37 and 39, approved access width, and the
appropriate turning radii on the site plan. Include the type of access,
as well (e.g. Commercial).
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14) The applicant shall show and label the approved tracking control on
the site plan
15) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so 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.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
18) The applicant shall show and label all recorded easements by book
and page number or Reception number and date.
19) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-70.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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District, and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining and Safety.
6. The Amended 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dj,vD;(1
Weld County Clerk to the Board
County A"orney
Date of signature: 03/02
K. James, Chair
Mike Freeman, Pro-Tem
EXCUSED
Perry L. Buck
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NORTH WELD GRAVEL, RLLP, C/O C & H AGGREGATE, LLC
1 MJUSR21-76-298
A Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-76-298, is for Open Mining (sand, gravel and stone) and processing of
minerals, importation of aggregate (sand, gravel and stone) from off site, mine office with
scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking, and storage, and employee and vendor parking, and more than two (2)
conex containers for storage of products and equipment associated with operations
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 #M1976-018.
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. Mining and hauling shall be permitted during daylight hours only, except in the case of a
declared emergency disaster by the Board of County Commissioners. When the permitted
hauling 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 operator becomes aware of projects that
require night operations, the operator will email the Director of the Weld County
Department of Planning Services, to provide notification 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. Plant operations, processing, offices, and repair facilities
may operate 24 hours per day, without restriction, per Board of County Commissioners
approval. The facility may operate seven (7) days per week, year-round.
7. The number of on -site company employees shall be up to 18.
8. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
9. 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.
10. The property owner shall maintain compliance with the approved Communication Plan.
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11. The property owner shall maintain compliance with the approved Decommissioning Plan.
12. The property owner shall maintain compliance with the approved Lighting Plan.
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties, in accordance with the map. Neither the direct, nor reflected, light
from any light source may create a traffic hazard to operators of motor vehicles on public
or private streets. No colored lights may be used, which may be confused with, or
construed as, traffic control devices.
14. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th of any given year, signed by
representatives for the Fire District, the Weld County Office of Emergency Management
and the Department of Planning Services.
15. 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.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
19. The property owner shall comply with all requirements provided in the executed
Improvements/Road Maintenance Agreement.
20. The Improvements/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. Weld County is not responsible for the maintenance of on -site drainage related features.
23. 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.
24. 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.
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25. 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
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code and the accepted Waste Handling Plan.
26. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
27. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
28. 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 Study.
29. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from
the facility area in a manner that prevents nuisance conditions.
30. 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 necessary.
31. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
32. 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 shall be screened from existing adjacent
residential properties and public rights -of -way.
33. 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.
34. If applicable, the operation shall obtain a Stormwater or other Discharge Permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
35. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
36. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with the
manufacturer's recommendations.
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37. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
38. The operation shall comply with the Mine Safety and Health Act (MSHA).
39. The facility shall notify Weld County of any revocation and/or suspension of any State
issued permit.
40. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
41. Building Permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. 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 Plan review shall be approved, and a Permit must be issued prior
to the start of construction.
42. A Building Permit is required for any foundations, truck scale and scale house, cargo
containers. An Electrical Permit is required for equipment on a sand and gravel mining
operation.
43. 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.
44. 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.
45. 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.
46. 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
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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.
47. 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
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
48. 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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