HomeMy WebLinkAbout20221766.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND MAJOR AMENDED USE
BY SPECIAL REVIEW PERMIT, 2MJUSR21-02-1343, FOR WET OPEN PIT MINING
AND MATERIALS PROCESSING AND IN -SITU WATER STORAGE RESERVOIRS TO
INCLUDE A MODIFICATION TO MINING STYLE FROM WET TO OPEN DRY MINING
(SAND, GRAVEL, STONE) AND PROCESSING OF MINERALS, WITH ANCILLARY
OPERATIONS AND EQUIPMENT INCLUDING A READY -MIXED PLANT, A HOT:.MIX
ASPHALT (HMA) BATCH PLANT, THE EXPORTING OF AGGREGATES, CONCRETE
AND ASPHALT RECYCLING, 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 THE NUMBER OF CARGO CONTAINERS ALLOWED BY
SECTION 23-3-30, UP TO TEN (10) CONEX CONTAINERS FOR STORAGE OF
EQUIPMENT AND MATERIALS FOR PLANT OPERATIONS AND MAINTENANCE
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES I.N. THE
A (AGRICULTURAL) ZONE DISTRICT - READY MIXED CONCRETE COMPANY. AND
RAPTOR MATERIALS, LLC
WHEREAS, the Board of County Commissioners of.Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a. public hearing on the 29th day of
June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ready Mixed Concrete Company and Raptor Materials, LLC, 2500 East
Brannan Way, Denver, Colorado 80229, for a Site Specific Development Plan and 2nd Major
Amended Use by Special Review Permit, 2MJUSR21-01.343, for wet open pit mining and
materials processing and in -situ water storage reservoirs to include a modification to mining style
from wet to open dry mining (sand, gravel, stone) and processing of minerals, with ancillary
operations and equipment including a Ready -Mixed Plant, allot Mix Asphalt (HMA) Batch Plant,
the exporting of aggregates, concrete and asphalt recycling, 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 the number of cargo containers
allowed by Section 23-3-30, up to ten (10) conex containers for storage of equipment and
materials for plant operations and maintenance outside of subdivisions and historic townsiteslr
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
NE1/4 NW1/4 and SW1/4 SE1/4, S1/2 SW1/4 and
NE1/4, NW1/4 SE1/4; being part of Section 28,
Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Alex Schatz, Brannan Sand
and Gravel Company, LLC, 2500 East Brannan Way, Denver, Colorado 80229, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1)
Section 22-2-60.B states: "Support responsible energy and mineral
development." Subsection B.1 states: "Ensure that surface
development reasonably accommodates mineral extraction."
The County recognizes mineral resource extraction is an essential
industry. The availability and cost of materials such as sand and
gravel have an effect on the success of general construction,
County road, and regional highway 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 water storage reservoirs and
on -going oil and gas facilities associated with a production well
head site.
Commercial mineral deposits known to be located in the County
include sand, 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 Coarse Aggregates (1)
Gravel: relatively clean and sound.
2) Section 22-2-60.6.2 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 impact to the area roads, the Department of Planning
Services — Development Review is requiring an updated
Improvements and Road Maintenance Agreement with triggered
off -site improvements, and road maintenance. Road maintenance
includes, but is not limited to, dust control and damage repair to
specified haul routes. The Improvements and Road Maintenance
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Agreement is a Condition of Approval to be accepted by the Board
of County Commissioners prior to recording the USR map.
The applicant's Professional Traffic Operations Engineer submitted
a revised Traffic Impact Study (TIS) in mid -March 2022, addressing
the Colorado Department of Transportation (CDOT) comments
from the initial submittal, February 10, 2021, of the TIS for this
project. The traffic engineer stated to the CDOT "the traffic signal
warrant evaluation for the site access has been revised to remove
the northbound right turn volume from the calculation as an
acceleration lane is proposed for this movement. Without the right
turn volume, the Manual on Uniform Traffic control Devices for
Streets and Highways (MUTCD) warrant volume thresholds are not
met and a traffic signal is not justified. To mitigate the deficient level
of service at this intersection, a left turn acceleration lane is
proposed." Further stating, "If it looks acceptable to you and there
are no further comments, I'm assuming we can proceed with the
access permit application."
An electronic mail, dated April 7, 2022, from Tim Bilobran, Region 4
Access Manager, stated, on behalf of CDOT, "we will accept this
second version of the Traffic Study and expect all the auxiliary lanes
outlined in the conclusions to be constructed, including the
westbound acceleration lane as you leave the private parcel. The
access point on the south is expected to be shared between the two
industrial uses so please work with county planning to ensure all
relevant cross parcel easements are appropriately recorded."
Further stating, "A State Highway Access Permit Application
Form (0137) needs to be filled out for the shared joint access. Per
the access control plan accesses 352 [Field Access Road], 362 [Oil
and Gas Tank Battery Road] and 368 [Oil and Gas Tank Battery
Road] should be closed with a separate 0137 Application Form,
especially as you consider the links of acceleration lanes from this
new shared access and the accelerations lanes heading into
County Road (CR) 19. The existence of the right in and right out
shown at 395 [Not Designated] is still a possibility in the future if
needed."
In a May 26, 2022, e-mail from Tim Bilobran to Weld County and
the applicant's representative, a third alternative was proposed to
move the shared access between Varra (Raptor Materials) and
Ready Mixed Concrete to the west approximately 140 feet from the
April 7, 2022, proposed alignment, creating a new access alignment
with adjoining property owners located north of Highway 66. The
Department of Planning Services has no written evidence that this
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proposal has been accepted by landowners who are not party to
the current Mining Permit application.
The aggregate material will be recovered using equipment typical
for sand and gravel mining operations. Mining equipment may
include, but is not limited to, front-end loaders, scrapers,
excavators, 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 for dust control will be used as needed. Since the
material is unconsolidated deposits, no explosives or blasting is
required.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
Chapter 23, Article III, 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 perimeter slurry wall, Ready -Mixed Plant, a Hot Mix Asphalt
(HMA) Batch Plant, the exporting of aggregates, concrete and asphalt
recycling, 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 up to ten (10) conex containers for
storage of equipment and materials for plant operations and maintenance.
Proposed permanent improvements associated with reclamation of the
mine site include water storage facilities, infrastructure to distribute water
to and from storage facilities.
C. Section 23-2-230.6.3 — 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 a 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.
Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10,
states, in part, "The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and 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."
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Zoning in the area surrounding the site is primarily in the A (Agricultural)
Zone District. In addition to agricultural uses, there are multiple Use by
Special Review permits within a one (1) mile radius, including aggregate
mining, oil and gas development and irrigated agriculture and rural
residential uses. The end use, water storage, is consistent with the
adjacent mining reclamation uses in the area surrounding area.
The adjacent lands within one (1) mile of the property boundary consist of
agricultural uses, aggregate mining, the Firestone Trail, recreational
facilities, rural residences, oil and gas operations, and State Highway 66,
including:
Lands immediately adjacent to the permit boundary to the west includes
the Varra Sand Land Pit, MUSR11-0001; to the north is a reclaimed mine,
SUP -338, and a permit for a second dwelling surrounded by irrigated
agricultural lands. Approximately 0.5 miles north of the site is an
8,000 -head LCO (Livestock Confinement Operation), AMUSR-127, and an
Agricultural Service establishment, USR-1040. To the east is the Joe and
Chris Miller Farm, permitted for a recreational facility with uses similar to
those seen at guest farms and fairgrounds, permitted under USR-1513.
Land adjacent to this site has sporadic rural residential development with
agricultural uses. Adjacent to and south of the site are oil and gas
encumbrances, center pivots, the Varra Companies P122 pit,
USR17-0042, and the LG Everist mine, AMUSR-1102. To the west are
open lands in the St. Vrain Creek floodplain, the Firestone Trail, and on a
smaller tract of land is USR-1736, for a Home Business — Construction and
Trucking. SUP -240 for a 27 -dog kennel is located on the subject property
and will need to be vacated, per Condition of Approval #1.A.
There are 29 residences within one (1) mile of the mine site, with the
nearest residence being the Jerry Nix parcel immediately adjacent to the
USR-DRMS permit boundary, west of CR 19. To the west is a residence,
approximately 100 feet from the mine site; across State Highway 66 are
three (3) residences, each approximately 150 feet from the mine site; to the
east there are four (4) residences about 150 feet or greater from the mine
site; and to the south are two (2) residences located 300 feet or greater in
distance from the mine site, with all other residences located at a greater
distance from the proposed USR-DRMS permit boundary.
The Weld County Department of Planning Services sent notice to 28
surrounding property owners. Planning staff received no written
correspondence or telephone calls of inquiry about the application.
The applicant has been in contact with the surrounding property owners
and conducted face-to-face interactions with adjacent property owners
through the state permitting process and continues to meet with area
residents.
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The Conditions of Approval require that the applicant submit an accepted
Emergency Action and Safety Plan, an accepted Road Maintenance and
Improvements Agreement (for roads and traffic), an accepted County
Access Permit for CR 28, an accepted CDOT Access Permit for the primary
access onto State Highway 66, in addition to the requisite easements
between the adjacent properties for the shared access between Varra
Companies (Eagle Materials, Inc.) and the Ready Mixed Concrete
Company. The Noise Abatement Plan and Dust Abatement Plan have been
submitted and reviewed. Environmental Health Services in the referral
dated November 3, 2021, stated, "Noise is restricted to the level allowed in
the industrial zone district." The application contains a Noise Modeling
Report completed by Behrens and Associates, Inc., which indicates the
industrial limit can be met and states, "Two modeling scenarios were
created to predict the sound levels at compliance points surrounding the
proposed site and are described in Table 4-2. Mining cells #1 and #3 were
chosen since these were in closest proximity to the nearest neighbors and,
therefore, represent the worst -case scenario for equipment placement and
impact. The modeling results for Scenario 1 indicate the noise levels of the
proposed mining operations at Cell #1 and the Plant Site (processing area)
are predicted to comply with the Industrial noise limits of
C.R.S. §25-12-103. The modeling results for Scenario 2 indicate the noise
levels of the proposed mining operations at Cell #3 and the Plant Site
(processing area) are predicted to comply with the Industrial noise limits of
C.R.S. §25-12-103."
The Conditions of Approval also require a Decommissioning Plan, Lighting
Plan, Communication Plan, Screening and Landscape Plans and an
approved Access Permit for State Highway 66. Since this proposal will
result in highway auxiliary lanes, the applicant shall need to meet with
CDOT Region 4 on the appropriate documents and process to complete
the improvements. 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 four (4)
municipalities, including the Towns of Firestone, Milliken, Platteville and
Mead. The proposed mine is also located with the Coordinated Planning
Agreement areas for the City of Fort Lupton and the Towns of Firestone,
Platteville, Mead.
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The City of Fort Lupton returned the Notice of Inquiry, dated March 23,
2021, stating, "The site is located outside our Comprehensive Plan
boundary and north of our CR 26 area, per our IGA with the Town of
Platteville."
The Town of Platteville returned the Notice of Inquiry, undated, stating,
"The Town of Platteville would like to pursue the annexation of this
property...." The referral received from the Town of Platteville, dated
November 2, 2021, stated, "the Town of Platteville is no longer interested
in pursuing annexation of this property based upon our recent dialog with
Firestone regarding land use interests in this area."
In the second referral, dated February 9, 2022, after the change in access
was proposed, the Town of Platteville Planning Commission and Board of
Trustee's met on February 1, 2022, and had the following comments based
on the revised access:
"The Town has concerns regarding the updated TIS and site access
change that forecasts approximately 70% of the proposed commercial
truck traffic travelling east along State Highway 66 that will likely go through
Platteville to access U.S. Highway 85. The Town understands that State
Highway 66 will be used as the primary haul route for this operation but the
impact to Platteville will be significant. The Town has experienced
increased traffic congestion the past few years along the two -block section
of State Highway 66 from U.S. Highway 85 west to the South Platte River
and increased truck traffic will produce significantly more congestion
issues. By reducing or limiting haul routes on other roadways (i.e., CR 19)
more negative impacts from the increased traffic will be experienced by
Platteville."
"In 2017 the Town annexed the State Highway 66 right-of-way from
Division Blvd (CR 25.5) west to CR 19 and further west along
State Highway 66 to the St. Vrain River in 2021. The Platteville Police
Department has jurisdictional authority to regulate and enforce traffic laws
along this portion of State Highway 66 and have worked numerous
accidents on this stretch of roadway during the past few years. Due to the
much higher volume of commercial truck traffic generated from this site the
Town has additional concerns regarding traffic enforcement and the
potential increase in vehicle accidents."
"During the February 1, 2022, Platteville Planning Commission meeting
several rural county residents voiced concerns of having increased truck
traffic near their properties along State Highway 66 and CR 21. A specific
concern was raised regarding trucks bypassing the route on State Highway
66 to U.S. Highway 85 and using CR 21 south of State Highway 66 to
connect to CR 28 and then east to U.S. Highway 85. The Town requests
that various concerns stemming from county residents within the Town's
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growth area are considered and mitigation efforts are made to reduce
negative impacts to these properties."
The Town of Mead returned the Notice of Inquiry, dated March 31, 2021,
stating, "The Town of Mead has no objections with this application." The
Town of Mead in their referral, dated November 16, 2021, requested an
update to the Traffic Impact Study to include an analysis of the intersection
of CR 13 and State Highway 66, as well as the intersection of
Interstate 25 (1-25) and State Highway 66, further requesting to include a
description of any proposed mitigation efforts that address the impacts to
the level of service for these intersections.
In the second referral, dated February 3, 2022, after the change in access
was proposed, the Town of Mead requested the addition of a note to the
Traffic Impact Study on page 14, that CR 13 connects to the Town of Mead
on the north side of State Highway 66.
The Town of Firestone did not return the Notice of Inquiry form. In their
referral, dated November 18, 2021, had several comments, including:
1. Upon approval of the amended USR, the Town of Firestone
requests annexation of the lands subject to the USR into the Town
of Firestone.
2. The proposed USR is showing that access from the site will be
CR 28 east to the intersection of CR 19. The Town of Firestone has
recently annexed the CR 19 right-of-way and has serious concerns
with adding significant turning truck traffic to this intersection.
3. The provided Traffic Study needs to be updated to use the Town of
Firestone Design Standards and Construction Specifications for
Public Improvements when determining improvements to CR 19.
The Town classifies CR 19 to be a principal arterial and based on
the traffic counts from the study, both a southbound right -turn
deceleration lane and northbound left -turn deceleration lane are
required. In addition, street lighting will be required to be installed.
All work at the CR 28 and CR 19 intersection will be permitted by
the Town of Firestone and must meet the Town's Standards.
4. The Traffic Study calls out a sight distance issue at the CR 28 and
CR 19 intersection, but no long-term recommendation for
addressing it. Simply relying on the County or Town to be
responsible for an issue created by this use is not acceptable and
will need to be addressed with the intersection safety improvements
discussed above.
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5. The Town agrees with the recommendation from the Traffic Study
that a signal be installed at CR 19 and State Highway 66 and
believes this should be required as a Condition of Approval.
6. The Town has concerns with the use of a dirt road (CR 28) as a
primary access for such a large-scale commercial trucking
operation. The Town believes, at a minimum, CR 28 should be
paved from CR 19 up to the primary access.
7 The Town requests that the County, as a Condition of Approval,
require the applicant to dedicate the necessary right-of-way along
the CR 19 frontage for the future roadway build -out. This would be
60 feet of right-of-way from the centerline of CR 19 to the west
(120 feet total future right-of-way).
The Town of Firestone 2014 Comprehensive Plan Firestone Master Plan
Map identifies the project site within the Firestone Urban Growth Boundary
and identifies the lands as R -L (Residential Low) and MU (Mixed Use).
Residential Low provides for only single-family residential land uses or
clustered multi -family land uses. Mixed -Use land use areas provide for a
potential mix of all land uses, except for very low -density single family
residential. The Mixed Use areas along Locust Street, State Highway 66
and Road 7 may vary somewhat in size and shape to accommodate market
needs. Mixed Use areas may accommodate residential land uses located
above retail commercial land uses if proper compatibility can be assured.
In the second referral, dated February 26, 2022, after the change in access
was proposed, the Town of Firestone offered the following comments, in
addition to the comment letter dated November 18, 2021:
"While the Traffic Study has been updated to remove all accesses to
CR 28, the updated USR still has a CR 28 access labeled 'Primary
approved commercial access (paved) - to be utilized as a secondary
access point, main access will be off of State Highway 66.' This is unclear
as to what type of access this will be; primary or secondary; commercial or
non-commercial use. If it is to be a primary commercial access until the
State Highway 66 access is constructed, there is no timeline or requirement
for when the access will be removed. In addition, there is also another
secondary access for an office, shops, and parking area but there are no
discussions in the Traffic Study of what the usage and impacts of these
secondary accesses are. Comments 2, 3, 4, and 6 from the Town's original
comment responses are still valid with any access from CR 28 being shown
on the USR."
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"Comment 7 from the Town's original comment requesting that the
additional right-of-way for CR 19 be dedicated is still valid as no additional
right-of-way is being shown on the USR."
The Town of Milliken did not return a referral response.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code.
The property is not within the Greeley -Weld County Airport, Geohazard
Development Area, the Municipal Separate Storm Sewer Systems (MS4)
defined boundary, the Historic Townsites or the Agricultural Heritage
Overlay Districts.
The property is located in an Approximate Zone floodplain, as delineated
on Federal Emergency Management Agency (FEMA) FIRM Community
Panel Map #08123C -1885F, effective date September 17, 2020 (Unknown
Floodplain). Any construction in the floodplain requires a Floodplain Permit.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
The proposed mine site is located on 10.84 acres of Farmland of Statewide
Importance, 46.07 acres of Farmland of Local Importance, 19.84 acres of
Prime if Irrigated, and approximately 230.25 acres of Prime Farmland if
irrigated and protected from flooding, per the NRCS Soil Survey for Weld
County. Post mining the land will be reclaimed back to two (2) water storage
reservoirs and dryland agriculture.
As stated, the two (2) properties contain some Farmland of Statewide and
Local Importance; however, the property also contains a commercial
mineral deposit, which state statutes say must be protected from
development. The Weld County Comprehensive Plan also protects these
lands from uses interfering with extraction of sand and gravel. Mineral
extraction will provide economic revenues for Weld County from the land
and will not interfere with the agricultural productivity of surrounding
properties. Colorado Revised Statutes provides for the extraction of
mineable resources prior to surface development.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
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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 Ready Mixed Concrete Company and Raptor Materials,
LLC, for a Site Specific Development Plan and 2nd Major Amended Use by Special Review
Permit, 2MJUSR21-02-1343, for wet open pit mining and materials processing and in -situ water
storage reservoirs to include a modification to mining style from wet to open dry mining (sand,
gravel, stone) and processing of minerals, with ancillary operations and equipment including
a Ready -Mixed Plant, a Hot Mix Asphalt (HMA) Batch Plant, the exporting of aggregates, concrete
and asphalt recycling, 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 the number of cargo containers allowed by Section 23-3-30, up to ten (10)
conex containers for storage of equipment and materials for plant operations and maintenance
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. The applicant shall submit a letter requesting the vacation of SUP -240.
B. The applicant shall attempt to address the concerns of the Town of
Firestone as stated in their referrals, dated November 18, 2021, and
February 26, 2022. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. The applicant shall attempt to address the concerns of the Town of
Platteville as stated in their second referral, dated February 9, 2022.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall submit a Landscape and Screening Plan that addresses
the Dacono, Firestone and Frederick Uniform Baseline Design Standards
adopted under Chapter 19, Article III of the Weld County Code. Written and
graphic evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. A revised Improvements and Road Maintenance Agreement is required for
triggered off -site improvements and road maintenance. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements.
F. The applicant shall address the requirements of CDOT, as stated in the
referrals, dated December 2, 2021, April 7, 2022, and May 26, 2022.
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Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
G. The applicant shall provide evidence of the Access Permit issued by
CDOT, which grants access to State Highway 66, and written evidence that
the applicant has complied with the requirements of CDOT.
H. The applicant shall submit a recorded copy of any agreement signed by all
the owners of the properties (Raptor and Ready Mixed) crossed by the
proposed accesses. The accesses shall be for ingress, egress, and utilities
shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number.
The applicant shall submit recorded copies of all easements and/or
crossing agreements associated with the un-named canal/ditch, and any
utility service provider that may be impacted by the combined access
between Varra Companies (Raptor Materials, Inc.) and Ready Mixed
Concrete Company primary shared commercial access onto State
Highway 66 at the approximate half -mile marker.
J. The applicant shall submit a detailed drawing of the shared access
between Varra Companies (Raptor Materials Inc.) and Ready Mixed
Concrete Company specifically addressing width of access, radii of private
access road, all easements and rights -of -way encumbered by new shared
access road, length of access drive to provide unrestricted access both in
bound and out bound, et cetera, for review and acceptance by the
Department of Planning Services.
K. The applicant shall submit a detailed drawing of the processing area, scale,
and scale house, at a minimum, for review and acceptance by the
Department of Planning Services.
L. The applicant shall submit written evidence of permitting and compliance
with local and state regulations for the Class I, Class II or Class III -A liquids
located outside of buildings, including the 10,000 -gallon off -road diesel
tank, the 500 -gallon on -road diesel tank, and the 500 -gallon gasoline tank,
at a minimum. Written evidence of such, or alternatively, written evidence
of an exception to these requirements, shall be submitted to the Weld
County Department of Planning Services.
M. The applicant shall submit written evidence that each tank is permitted by
the Colorado Department of Labor and Employment, Oil and Safety
Division, and are in compliance with the Platteville-Gilcrest Fire Protection
District rules and regulations. Written evidence of such, or alternatively,
written evidence of an exception to these requirements, shall be submitted
to the Weld County Department of Planning Services.
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N. The applicant shall address the concerns of the Colorado Division of Water
Resources as stated in their referral, dated October 27, 2021, specific to
the plan for augmentation and long-term evaporation losses and lagged
depletions. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
O. A Decommissioning Plan for all permanent and temporary structures,
buildings and equipment associated with the processing of material,
associated with the aggregate mine, shall be submitted to, and accepted
by, the Department of Planning Services.
P. The applicant shall submit the State approved Extraction Plan Map as
submitted to the DRMS with required information delineated, per
Chapter 23, Article IV, Sections 23-4-270.A and B of the Weld County
Code.
Q. The applicant shall submit the Reclamation Plans as approved by the
Colorado Mined Land Reclamation Board, per Chapter 23, Article IV,
Section 23-4-280.A of the Weld County Code.
R. The applicant shall submit supporting documents as outlined in
Section 23-4-280, addressing the protection of the health, safety, and
welfare of the inhabitants of the County. Specifically, Section 23-4-280.6-D
of the Weld County Code.
S. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR21-02-1343.
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) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
5) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
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8) The applicant shall show the shared access/access easement
between Varra Companies (Raptor Materials Inc.) and Ready
Mixed Concrete Company, as approved by CDOT and accepted by
the Department of Planning Services.
9) County Road 28 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 17 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label 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 19 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is currently
maintained by Weld County. Per Reception Number 4746306, Weld
County has agreed to the annexation of this road by the Town of
Firestone. This annexation has not been completed.
12) The property is bounded by a pending annexation of CR 19.
Contact the Town of Firestone to determine what right-of-way shall
be shown on the submitted map. Reference the documents creating
the right-of-way.
13) The property is bounded by State Highway 66. Contact CDOT to
determine what right-of-way shall be shown on the submitted map.
Reference the documents creating the right-of-way. Please contact
Tim Bilobran at the Greeley office, phone number: 970-350-2163.
14) The applicant shall show and label the existing permitted access
point (AP20-00023 — Commercial) and the proposed access
location onto CR 28, approved access width, and the appropriate
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turning radii on the site plan. The applicant must obtain an Access
Permit in the approved location prior to construction.
15) The applicant shall show the approved CDOT access onto
State Highway 66 on the site plan and label with the approved
Access Permit number, if applicable.
16) The applicant shall show and label the approved tracking control on
the site plan.
17) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
18) The applicant shall show and label the drainage flow arrows.
19) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
20) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
21) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 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 Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
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4. Prior to Construction:
A. The approved access and tracking control for CR 28 and State Highway 66
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.
C. Any construction in the floodplain requires a Floodplain Permit.
D. The applicant shall address the requirements of CDOT specific to a new
Access Permit, as stated in the referral response dated April 7, 2022.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the 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 obtain an Access Permit in the approved location prior
to construction.
C. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining and Safety.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��Q�%�� J � �C�•�
Weld County Clerk to the Board
BY.�.c. • 1
Dep y Clerk to the oard
APEDP. CORM:
Count ttorney
Date of signature: 1 -Act - a
Scott K. James, Chair
Mille-Fceman, Pro-Tm
Perry L. B
Moreno
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SITE SPECIFIC DEVELOPMENT PLAN AND
2ND MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
READY MIXED CONCRETE COMPANY AND
RAPTOR MATERIALS, LLC
2MJUSR21-02-1343
1 Site Specific Development Plan and 2nd Major Amended Use by Special Review Permit,
2MJUSR21-02-1343, is for wet open pit mining and materials processing and in -situ water
storage reservoirs to include a modification to mining style from wet to open dry mining
(sand, gravel, stone) and processing of minerals, with ancillary operations and equipment
including a Ready -Mixed Plant, a Hot Mix Asphalt (HMA) Batch Plant, the exporting of
aggregates, concrete and asphalt recycling, 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 the number of cargo containers
allowed by Section 23-3-30, up to ten (10) conex containers for storage of equipment and
materials for plant operations and maintenance 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, #M2001-046.
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. All sand and gravel operations shall be conducted during the hours of daylight except in
the case of a declared emergency disaster, or in the case of a declaration requiring night
construction, public or private emergency, or to make necessary repairs to equipment.
This restriction shall not apply to operation of administrative and executive offices or repair
facilities located on the property.
7. The number of on -site employees shall be up to 28.
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 of the Weld County Code.
10. The property owner shall maintain compliance with the accepted Landscape and
Screening Plan.
11. The property owner shall maintain compliance with the accepted Decommissioning Plan.
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12. At the conclusion of the extraction of aggregate resources from the defined mine
boundary, the Hot Mix Plant (Asphalt), Ready Mixed Batch Plant and Recycle operations
shall be removed from the property.
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 and the Weld County Office of Emergency
Management, to 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 Agreement.
20. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
23. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
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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, as amended.
25. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
26. Fugitive dust shall be controlled on the site.
27. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
28. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with the
accepted Noise Modeling Report.
29. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
30. The facility shall utilize the existing public water supply.
31. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
32. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
33. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to
avoid creation of a health hazard.
34. Adequate handwashing and toilet facilities shall be provided for employees and the public.
35. In the event the facility utilizes the residence on the property for commercial purposes, the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the
system's ability to handle the proposed hydraulic load. The review shall be submitted to
the Environmental Health Services Division of the Weld County Department of Public
Health and Environment. If the system is found to be inadequately sized or constructed,
the system must be brought into compliance with current regulations.
36. Portable toilets may be utilized on sites that are temporary locations of the working face
and portable processing equipment, etc. for up to six (6) months at each location.
37. The operation shall comply with the Occupational Safety and Health Act (OSHA).
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38. The operation shall comply with the Mine Safety and Health Act (MSHA).
39. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the rules
and regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
40. 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.
41. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On -site Wastewater Treatment System (OWTS).
42. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
43. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
44. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
45. 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.
46. Odors detected offsite shall not exceed the level of seven -to -one dilution threshold, as
measured, pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations.
47. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1885F, effective date
September 17, 2020 (Unknown Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
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48. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
49. At the time of reclamation, an analysis of the change in the base flood elevation will be
required. If the base flood elevation has a change of either 0.3 feet increase or decrease,
a Letter of Map Revision (LOMR) will be required within six (6) months of reclamation.
50. 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, 2020
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.
51. A Building Permit is required for any foundations, truck scale, and scale house, or cargo
containers. An Electrical Permit for equipment on a sand and gravel mining operation.
52. 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.
53. 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.
54. 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.
55. 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
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send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
56. 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.
57. 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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