HomeMy WebLinkAbout20220351.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I _j
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION L SQ -OO t
Moved by Skip Holland, that
the
following
resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved
by
the Weld
County Planning Commission that the application for:
CASE NUMBER: USR21-0019
APPLICANT: DAVID AND KAYLEEN HUNT
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SOILS) AND PROCESSING OF MINERALS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT 1AMRECX20-14-0042, BEING PART OF THE
N2NE4 AND LOT B AMENDED REC EXEMPT RE -933, BEING PART OF THE
S2NE4, ALL IN SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40, WEST OF AND ADJACENT TO CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld
County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. --
The proposed use
is consistent
with Chapter
22 [Weld County
Comprehensive Plan] and
any other applicable
code provisions
or ordinance in
effect.
Section 22-2-60.B. states: "Support responsible energy and mineral development."
Weld County recognizes that mineral resource extraction is both a right and an essential industry that
supports the regional economy and developmental needs. Such extraction operations should
minimize the impacts to agricultural lands and agricultural operations. The proposed mine will
temporarily remove productive agricultural cropland, as the properties are pivot irrigated and normally
planted in alfalfa or legumes. However, the land is and will be in a period of fallow throughout mining.
Water rights are not proposed to be sold or removed from the properties.
Following the short-term mining operation, the property will be reclaimed to irrigable and cultivated
land, with a healthy soil matrix composed of set -aside topsoil from the subject mine site, soil
amendments and manure from the adjacent Hunt feedlot. In this way, the subject site will not be
removed as farmland in Weld County. With the completion of mining in each phase, slopes will be
graded and the area will be concurrently reclaimed for agricultural purposes, restoring the property to
historic use.
The use of the product sourced from the proposed mine also supports this Comprehensive Plan goal.
As oil and gas sites are abandoned, consolidated and reclaimed throughout Weld County and the
region, the demand increases for reclamation soil for use in these efforts. The soil from the proposed
mine will primarily be used for reclaiming abandoned or decommissioned oil and gas sites and will
have widely positive impact in that many of these reclaimed sites may be restored to productive
agricultural lands.
This site will also be operated in mandatory compliance with the Colorado Division of Mining,
Reclamation and Safety, which also ensures responsible mineral development. The Colorado Mined
Land Reclamation Board approved the construction materials regular operation mine 112c
application for this proposed dirt mine (permit number M-2021-030) on July 29, 2021. Financial
warranty has been set for this operation and must be submitted prior to issuance of the DRMS permit
and commencement of mining, in addition to recording the USR map.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 2
Section 23-3-10 — Intent, of the Weld County Code states, "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County 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 " This
code section allows the applicant to apply for a Use by Special Review permit for the subject mine,
which is directly related to natural resource extraction and is more intense than Uses Allowed by
Right
Section 23-3-40 S — Uses by special review, of the Weld County Code states, "Open Mining and
processing of minerals, subject to the additional requirements of Article IV, Division 4, of this
Chapter "This code section allows the applicant to apply for the mine All the components of the USR
will support this request
C Section 23-2-220 A 3 — The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands are unincorporated and are primarily zoned A (Agricultural) As the site is located
near the Union Pacific Railroad, which is located on the east side of US Highway 85, there is a strip
of land zoned 1-3 (Heavy Industrial) On the northwest side of US Highway 85 and the mine, is the
Town of Gilcrest municipal limits The surrounding land uses consist of feedlot operations, irrigated
and dryland agricultural grounds, rural residences and on -going oil and gas activity Five (5)
neighboring residences are located within approximately 200 feet of the subject property lines
The proposed mining area does not overlap with any other existing Use by Special Review permits
There are several USRs within one (1) mile of the site, including USR-1197 (10,000 head feedlot),
1 MUSR21-08-0063 (trucking parking and office), USR-1209 (storage and moving business), USR-
1644 (kennel), and USR13-0043 (mineral resource development facility)
Weld County Department of Planning Services staff sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary No written correspondence or telephone calls
were received The applicant has previously noticed all six (6) of these identified surrounding property
owners whether by the Structure Agreement outreach and/or Neighbor outreach in May and July of
2021 as part of the DRMS notice requirements Proof of mailings were submitted in the USR
application materials
Due to the predominately agricultural surrounding land uses and temporary impact of the operation,
as the property will only be mined for approximately five (5) years, this facility appears to be
compatible with the area
D Section 23-2-220 A 4 -- That the uses which would 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 this Code or master plans of affected municipalities
This site is located within the Town of Gilcrest Intergovernmental Agreement (IGA) boundary and the
Town of Platteville Coordinated Planning Agreement (CPA) boundary As part of the pre -application
process, Gilcrest returned a Notice of Inquiry form, dated March 30, 2021, indicating no comments
and no annexation interest Platteville returned a Notice of Inquiry form dated August 3, 2021,
indicating no annexation interest, but supports the need for an appropriate road maintenance
agreement, if applicable, for the County Roads 31 and 32 intersection, located south of the subject
parcel
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 3
The site is located within the three (3) mile municipal referral radius of the Towns of Gilcrest and
Platteville The Gilcrest referral response, dated October 20, 2021, had no comments or concerns
Platteville did not respond
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by maps
officially adopted by the county
The proposed mine is not located within a Special Flood Hazard Area, Airport Overlay District
Municipal Separate Storm Sewer System (MS4) area, Geologic Hazard Overlay District or Historic
Townsite Overlay District No listed ditches or railroads are located on the subject properties
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 — The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The facility is primarily designated as "Prime Farmland if Irrigated" with low -slope, sandy loam soils
There is a small portion of "Farmlands of State-wide Importance" located in the southeast corner of
the site The applicant is the underlying property owner As such, only fee -owned property under
such ownership control may be consider for the locational decision of where to site the proposed dirt
mine Although this property is irrigated and utilized as cropland, these activities will be removed only
temporarily It is the intention of the applicant that the time in fallow, combined with the integration of
manure from the feedlot, will allow such soils that remain on -site to have an improved nutrient value
for future farming activities
G Section 23-2-220 A 7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
Those agency referral responses, which contained comments, provide additional advisory information
and conditions regarding designing and operating the site to protect the interests of the County,
public and other governmental agencies '
H Section 23-4-260 -- Additional requirements for open mining have been addressed through this
application and mining -specific Development Standards will ensure compliance with Section 23-4-
290 and Section 23-4-300 of the Weld County Code
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A The applicant shall address the referral comments of the Colorado Department of Transportation, as
stated in the referral responses dated October 25, 2021 and November 23, 2021 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
B The applicant shall acknowledge the advisory comments of the Colorado Division of Water
Resources regarding stormwater management, as stated in the referral response dated October 11,
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 4
2021 Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
C The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas Energy
Department, as stated in the referral response dated November 3, 2021 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services)
D An Improvements and Road Maintenance Agreement is required for up -front off -site improvements at
this location Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements (Department of
Planning Services - Development Review)
E An acceptable Final Traffic Impact Study stamped and signed by a Profession Engineer registered in
the State of Colorado is required (Department of Planning Services - Development Review)
F The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR21-0019 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D and Section 23-4-270 of the Weld County
Code (Department of Planning Services)
4) Show and label the boundary of the DRMS permit with a heavy line type Notate the acreage
included within the DRMS permit boundary (Department of Planning Services)
5) Show and label elements of the site layout, including any scales, stockpiles, conveyors,
internal site access roads, heavy equipment storage areas, staging and loading areas, and any
temporary construction trailers and/or cargo containers, as applicable (Department of Planning
Services)
6) Show and label the anticipated mining phasing plan and mining cells, as applicable and as
approved by the Division of Reclamation, Mining and Safety
7) Show and label the location of the employee parking areas Refer to Section 23-2-240 A 6 and
Chapter 23, Article IV, Division 1 of the Weld County Code (Department of Planning Services)
8) Show and label the location of any buffering, fencing and gates, including dimensions Include
specification details on the USR map Refer to Section 23-2-240 A 10 of the Weld County
Code (Department of Planning Services)
9) Show and label the location of any emergency and site identification signage, if applicable
Include sign specification details on the USR map Refer to Section 23-2-240 A 12, Chapter23,
Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code
(Department of Planning Services)
10) Show and label the location of the trash collection areas, if applicable Include specification
details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design
criteria (Department of Planning Services)
11) Show and label any stationary lighting, if applicable All lighting shall be downcast and shielded
so that light rays will not shine directly onto adjacent properties Include specification details on
the USR map Refer to Section 23-2-250 D of the Weld County Code (Department of
Planning Services)
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 5
12) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads, and
encumbrances, if applicable Setback requirements are located in Section 23-3-70 E of the
Weld County Code (Department of Planning Services)
13) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date Reference the ALTA survey prepared by
Lat40, Inc dated March 4, 2021 Identify any utility corridors and underground lines that cross
the site (Department of Planning Services)
14) County Road 40 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is maintained by
Weld County (Department of Planning Services - Development Review)
15) County Road 31 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is maintained by
Weld County (Department of Planning Services - Development Review)
16) Show and label the approved access location, approved access width and the appropriate
turning radii on the site plan The applicant must obtain an access permit in the approved
location prior to construction (Department of Planning Services - Development Review)
17) Show and label the approved tracking control on the site plan (Department of Planning
Services - Development Review)
18) Show and label the entrance gate, if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet (Department of Planning Services -
Development Review)
19) Show and label the drainage flow arrows (Department of Planning Services - Development
Review)
20) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services - Development Review)
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 one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (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 (Department of Planning Services)
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 6
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site construction
(Department of Planning Services - Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Planning Services - Development Review)
5 Prior to Operation and Mining
A 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 The resultant DRMS
permit shall be submitted (Department of Planning Services)
6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
Motion seconded by Tom Cope
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 4, 2022
Dated the 4'h of January, 2022
Kristine Ranslem
Secretary
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hunt Farms
USR21-0019
A Site -Specific Development Plan and Use by Special Review Permit, USR21-0019, for open mining
(soils) and processing of minerals outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 Open mining and loading of materials shall be conducted during daylight hours only per Section 23-4-
290 B of the Weld County Code The facility may operate seven (7) days per week, year-round
(Department of Planning Services)
4 The mine shall remain in compliance with the Weld County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies (Department of Planning Services)
5 The mine shall remain in compliance with the approved Colorado Division of Reclamation, Mining and
Safety 112c permit, number M-2021-030 (Department of Planning Services)
6 Expansion of mining areas shall require an amendment to the Use by Special Review permit and a
Technical Revision to the Colorado Division of Reclamation, Mining and Safety 112c permit
(Department of Planning Services)
7 Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as
determined by Weld County staff, require an amendment to this USR permit (Department of Planning
Services)
8 The on -site parking and storage areas for mine equipment and employee vehicles shall be maintained
(Department of Planning Services)
9 The operator shall maintain compliance with the approved Division of Reclamation, Mining and Safety
Reclamation Plan (Department of Planning Services)
10 All signs shall adhere to Section 23-2-240 A 12, Chapter 23, Article IV, Division 2 and Appendices 23-
C, 23-D and 23-E of the Weld County Code (Department of Planning Services)
11 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets No colored lights may be used which may be
confused with, or construed as, traffic control devices (Department of Planning Services)
12 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination (Department of Public Health and Environment)
13 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 8
14 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 (Department of Public
Health and Environment)
15 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 (Department of Public Health and
Environment)
16 The operation shall submit an Air Pollution Emission Notice (A P E N) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable (Department of Public Health and Environment)
17 The operation shall obtain a stormwater or other discharge permits from the Colorado Department of
Public Health & Environment, Water Quality Control Division, as applicable (Department of Public
Health and Environment)
18 The operation shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C R S The facility shall operate in accordance with the noise report
(Department of Public Health and Environment)
19 The operation shall remove, handle, and stockpile overburden from the facility in a manner that
prevents nuisance conditions (Department of Public Health and Environment)
20 Adequate drinking, handwashing 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 (Department of Public Health and Environment)
21 Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public
Health and Environment)
22 Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened
from existing adjacent residential properties and public rights -of -way (Department of Public Health and
Environment)
23 The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety (Department of Public Health and Environment)
24 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health
and Environment)
25 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
26 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
27 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 (Department of Planning Services -
Development Review)
28 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Department of Planning Services - Development Review)
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 9
29 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Planning Services - Development Review)
30 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Department of Planning Services -
Development Review)
31 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Planning Services - Development Review)
32 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Department of Planning Services - Development Review)
33 The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning
Services - Development Review)
34 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the
following have been adopted by Weld County 2018 International Codes, 2018 International Energy
Code, and 2020 National Electrical Code A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection (Department of Planning Services)
35 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
36 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
37 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
38 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
39 Chapter 23, Article II, Section 23-2-290 A states "Construction or use pursuant to approval of a Use by
Special Review Permit shall be commenced within three (3) years from the date of approval, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated The Director of Planning Services may grant an extension of time, for good
cause shown, upon a written request by the landowner "
40 Chapter 23, Article II, Section 23-2-290 B states "A Use by Special Review shall terminate when the
use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval process expires The
landowner may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated When either the Department of Planning
Services is notified by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to the landowner asking
that the landowner request to vacate the Use by Special Review Permit "
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 10
41 Chapter 23, Article II, Section 23-2-290 D states "In such cases where the Use by Special Review has
terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a
hearing shall be scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown
The landowner shall be notified at least ten (10) days prior to the hearing If the Board of County
Commissioners determines that the Use by Special Review has terminated and no good cause has
been shown for continuing the permit, then the termination becomes final and the Use by Special
Review Permit is vacated "
42 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of
the state face a critical shortage of such deposits, and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource
43 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate 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
RESOLUTION USR21-0019
DAVID AND KAYLEEN HUNT
PAGE 11
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: USR21-0019
APPLICANT: DAVID AND KAYLEEN HUNT
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SOILS) AND PROCESSING OF MINERALS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT 1AMRECX20-14-0042, BEING PART OF THE
N2NE4 AND LOT B AMENDED REC EXEMPT RE -933, BEING PART OF THE
S2NE4, ALL IN SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40, WEST OF AND ADJACENT TO CR 31.
Michael Hall, Planning Services, presented Case USR21-0019, reading the recommendation and
comments into the record. Mr. Hall noted that no written correspondence was received from surrounding
property owners; however, as a result of the sign posting, one (1) telephone call was received from a
surrounding property owner. The concerns expressed were about dust control, increased traffic and
potential for roadway damage. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Wailes referred to the application that stated the drainage will drain back into the mine. He
is concerned with the proximity to the feedlot and asked if staff has any concerns with contamination of
groundwater going into the mine from the feedlot.
Melissa King, Development Review, said that it appears the typical drainage on the site is from the
southeast to the northwest. Drainage is designed to go into the pits and that is an exemption that would
preclude them including detention on the site unless there is a disturbance outside that it wouldn't drain to
the pit. Ms. King reported on the access and traffic.
Andy Rodriguez, Civil Resources, 8308 Colorado Boulevard, said that the application is for mining;
however, they will only be mining the top two (2) feet. Mr. Rodriguez stated that the feedlot will not drain
into the pits and all water on site will drain into the pit or to the buffer areas. This soil will be used in Weld
County for use in various oil and gas reclamation sites. There will be approximately 100 trips in and out of
the facility. Mr. Rodriguez stated that the life of the mine is expected to last four (4) years and then it is
intended to be reclaimed back to crop land and agricultural use.
David Hunt, 14460 CR 40, Platteville, Colorado stated that he saw a need arise as the oil and gas industry
was claiming well sites all over his different farms He added that he would often get soil that he wasn't
used to using Mr Hunt said that the need is to provide some soil and this farm is ideal to mine for soil
Mr Hunt said that they have a berm around the feedlot and added that it is a CAFO feedlot that has many
regulations The drainage from the feedlot does not come into this mine area
Commissioner Wailes asked how far below current grade the land will be at reclamation Mr Hunt said that
he hopes when he is finished mining the water will drain like it does today He added it will be two (2) feet
lower than today He said they are mining soils and are selling the topsoil
Commissioner Cope asked what the percentage of traffic goes north and south when you get to Highway
85 Mr Rodriguez said that it is 50% north and 50% south Mr Cope said that he would be a little bit more
concerned with the heavier traffic going across the highway going southbound He added that the bigger
percentage that can go north would be better
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Grant Greiman, 15301 CR 40, stated that he is concerned with the noise and truck traffic He asked if
anyone has researched the proposed retention ponds as the water is shallow and how that will affect the
Town of Gilcrest He said that the area is very sandy and doesn't know how they will mitigate the dust
blowing He said that the county will have to do something to County Road 40 as this will be a heavy haul
road He would like to know the haul route if they are going south out of the site He said he is not trying to
stop this but would like to see traffic dispersed evenly and appropriately and looking at quality of life
Dante Folino, 16019 CR 40, LaSalle, said that he is curious what the rationale would be for approximately
85 percent of the trucks that are going east and 15 percent are going west He added that there is a state
highway a quarter -mile away from this entrance and added that it doesn't make sense to him to send the
majority of the traffic east on dirt roads into an intersection that is south of an intersection that lets out onto
the highway He said that the heavy traffic should go on the road designed to hold it
Mr Rodriguez said that he has been doing this for 20 years and has seen gravel pits struggle to vegetate
material He said that with Mr Hunts experience, irrigation water and the fact that he has manure adjacent
to the site will lend this site to be very successful in reclamation The intent is not to expose groundwater,
however, if it is exposed Mr Hunt is in violation of DRMS permit The traffic concerns are valid and added
that this site is close to Highway 85 that is a substandard highway He added that the county roads are
more viable in certain scenarios and added that they sat down with staff and talked about putting mag
chloride on them
Mr Hunt said that traffic is a valid concern and there are reasonable safety issues using Highway 85 with
turning across traffic He added that County Road 33 is a good road and he believes they will be using that
road He further added that they will add mag chloride if they need to and added that it is a four -to -five-
year project
Commissioner Wailes asked who would primarily be hauling the product away Mr Hunt said it would be
whatever oil and gas company that they would be working with at that time Mr Wailes commented that
the applicant can recommend which haul route they use Mr Hunt said that he will put signage up or speed
limits and do whatever it takes to make this work for the next few years Mr Hall pointed out that there are
two (2) conditions of approval included regarding traffic He said that a lot of the discussion about traffic is
between Weld County Development Review and CDOT and added that there are ongoing discussions that
really plays into the traffic impact study and haul route
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion: Forward Case USR21-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Skip Holland, Seconded by Tom Cope
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes • Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope
Meeting adjourned at 5 02 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
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