HomeMy WebLinkAbout20221768.tiffPlanner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Mined Area:
Kim Ogle
2MJU R21-02-1343
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: June 7, 2022
Ready Mixed Concrete Company and Raptor Materials, LLC
c10 Curt Marvel, 2500 E. Brannan Way, Denver, Colorado 80229
Kyle Regan, Civil Resources, LLC 8308 Colorado Boulevard, Firestone, CO 80504
A Major Amendment to Site Specific Development Plan and 2nd Amendment to Use by
Special Review No. U R-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,
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
NE4NW4, NE4/NW4SE4 and W4E4/2W4, Section 28, Township 3 North, Range
67 West Weld County, Colorado
South of and adjacent to Highway 66, west of and adjacent to County Road 19, North o
and adjacent to County Road 28
± 345.2 acres
± 215.0 acres
Parcel No's.
1209-28-0-00-006
1209-28-1-00-011
1209-28-0-00-001
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
• Weld County Zoning Compliance, referrals dated October 21, 2021, January 19, 2022
• Weld County Planning — Floodplain Administrator, referrals dated October 25, 2021, January 19, 2622
• State of Colorado Division of Water Resources. referral dated October 27, 2021
• Town of Platteville, referral dated November 2, 2021. February 9, 2022
• Weld County Department of Public Health and Environment, referral dated November 3, 2021
• Weld County Planning Services - Development Review, referral dated November 10, 2021, May 20, 2022
• Town of Mead, referrals dated November 16, 2021, February 3, 2022
• Weld County Oil, Gas and Energy Department, referral dated November 16, 2021
• Town of Firestone, referral dated November 18, 2021, February 26, 2022
State of Colorado Department of Transportation, referrals dated December 2, 2021, April 7, 2022, May
26, 2022
2MJUSR2I-02- 343 — Nix Mine
Page 1
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Schools RE -1, referral dated October 21, 2021
Platteville-Gilcrest Fire Protection District, referrals dated October 26, 2021, January 20, 2022
Weld County Sheriffs Office, referral dated October 28, 2021
• State of Colorado Geologic Survey, referral dated November 18, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Milliken
• Last Chance Ditch Company
• US Army Corps of Engineers
Weld County Extension Office
Longmont Conservation District
• Weld County Building Inspection
• Western Midstream Operating, LP
State of Colorado Parks and Wildlife
Kerr-McGee/ Occidental Petroleum Company
Weld County Office of Emergency Management
State of Colorado, Division of Reclamation, Mining and Safety
2MJUSR21-02-1343 — Nix Mine
Page 2
Case Summary:
USR-1343 was approved by the Board of County Commissioners on September 4, 2002 for Owens
Brothers Concrete Company, 5550 Sheridan Boulevard, Arvada, Colorado, 80002 for a Site Specific
Development Plan and Special Review Permit, USR-1343, for wet open pit mining and materials processing
on land described as the N2 of the NE4 and the NE4 and the NW4SE4 of Section 28, Township 3 North,
Range 67 West of the 6th P.M., County of Weld, State of Colorado. The USR Map was recorded October 4,
2006, via reception number 3424912. Activity at the mine did not commence post recording.
On September 29, 2004, Owens Bros. Concrete Company conveyed to Ready Mixed Concrete Company
vacant land at 8133 County Road 28, Platteville, Colorado land described as the N2 of the NE4 and the
NE4 and the NW4SE4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado via reception number 3223148.
On March 24, 2020 Brannan/Ready Mixed obtained administrative approval for the construction and
operation of an in -ground water storage reservoir to operate independently of previously permitted mining
and reclamation activities that was a part of the Technical Revision approved by DRMS (Permit No. M2001-
046) and 1 MUSR20-02-1343. The 1 MUSR20-02-1343 map was recorded under reception number
4674 173 on January 21, 2021.
This second amendment to the permit includes open mining (sand, gravel, stone) and processing of
minerals, with ancillary operations and equipment including a Ready -Mixed Plant, a Hot Mix Asphalt (H MA)
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 and ongoing in -ground water storage reservoir to operate
independently of previously permitted mining and reclamation activities. The mine is to be known as the
Nix Mine.
During full mining and processing operations, approximately six (6) to ten (1 d) employees will perform mining
and aggregate processing work in the field. Mining work is a daytime operation. Office staff may include a
single scale operator or an additional two (2) to four (4) persons housed in the shop and office facility
depending on circumstances at the time. In the event that a concrete and/or asphalt batch plant is operated
on the site, a crew of two (2) to four (4) persons is associated with the batchplant and five (5) to ten (1 Q)
truck drivers. The Ready -Mixed Plant and/ or Hot Mix Asphalt (HMA) Batch Plant may operate in two shifts
during peak seasonal demand. The aggregate mine operation will be conducted as a dry pit.
In addition to persons working at the site, the primary source of additional visits will be truck drivers receiving
loads for delivery off -site. The aggregate operation is estimated to generate up to 1,040 trips (i.e., 520
outbound loaded trucks), per day, up to six (6) days per week. A batch plant is expected to produce up to
216 trips per day. Incidental trips of 20 to 40 trips per day — are expected from vendors, mechanics,
inspectors, and others with occasional business at the site. The facility is not open to the general public.
Up to four (4) loaders, one to two (1 or 2) excavators, a bulldozer, and potentially a Ready -Mixed and/or Hot
Mix Asphalt Plant would be on site. Off -road haul trucks may also be used at various times throughout the
life of the mine. A number of scrapers, up to six (6), may be used to open the mine (i.e., to strip overburden).
The only road -tagged vehicles that would be stored at the site would be a small fleet of five to ten (5-10)
concrete trucks if the Ready -Mixed Plant is implemented. Aggregate haulers using both tandem dump trucks
and, more typically, open -dump semi tractor -trailers are expected throughout, the life of the mine.
The property boundary for the two parcels is approximately 307 acres, with 215 acres defined for mining
activities. The mine will progress in four (4) phases of seven (7) mining cells. The mining cells range in
size from approximately 27 acres to 75 acres in area and will proceed in numerical order with the last cell
to be mined being the plant production and processing area. The projected annual production of 1,000,000
to 1,500,000 tons per year depending on market demands. This production rate translates to an
2MJUSR2I2-1343 — Nix Mine
Page 3
approximately sixteen (16) year life -of -mine, depending on market demand. Reclamation will progress
concurrently with the mining activity as each phase is completed.
The final depth of the mining will vary from fifty to sixty (50-60) feet below the natural grade. Overburden
thickness ranges from one to eight (1 to 8) feet throughout the site and will be stockpiled separately to be
used in reclamation. Mining and reclamation activities will result in two (2) lined water storage reservoirs
and agricultural land.
Air emission permitting through the State is required and the applicants indicated they have submitted an
APEN (Air Pollution Emissions Notice) application to the State.
There will be fuel storage tanks on site which may require permitting through the State along with
secondary containment and an SPCC (Spill Prevention, Control, and Countermeasure) plan.
Odor from the batch plant must comply with Air Pollution Control Regulations odor emission regulation No.
2. and is only a violation if odor is passing across property lines.Odor is a violation if it is greater than 7:1
dilution for areas that are residential or commercial.
The applicant initially proposed to route all traffic south onto County Road 28, a local gravel road then north
onto County Road 19 a paved two-lane Town of Firestone Road maintained road to the State Highway 66
and County Road 19 intersection for turning movements to the west or turning movements to the east. The
Town of Firestone in discussion with the applicant and in their referral to Weld County raised multiple
concerns on the proposed haul route, safety of background traffic, and state of existing road infrastructure
from the mine.
In a letter to Planning staff dated January 17, 2022, the applicant's consultant states "After submittal of the
USR in August 2021, Ready Mixed Concrete Company (RMCC) became aware of some negative neighbor
sentiment to the approved access point being located off Weld County Road 28. The neighbors to the south
of the site were concerned that the current access point would add truck traffic past the entrance to their
property during business hours as well as add unwanted traffic congestion to their access route."
"Since the comments from Firestone as well as the comments from the neighbors both concern the access
point along Weld County Road 28 and the access route along Weld County Road 19, RMCC proposes
moving the primary access point to the northern side of the site. The new primary access point will be
between the Nix site and Varra site and will exit on to ColoradoState Highway 66."
The proposed mine is located three miles from the Towns of Firestone, Mead, Platteville and Milliken. 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. Signed Notice of Inquiry forms were received back from the
City of Fort Lupton and the Towns of Platteville and Mead. The Notice of Inquiry was not returned from the
Town of Firestone.
The proposed mine is adjacent to the Firestone Town Limits to the east via annexation of County Road 19
and south and east of the intersection of County Roads 17 and 28. State Highway 66 has been annexed
by the Town of Platteville.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. It is the opinion of the Department of Planning Services' staff 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 and any other applicable
code provisions or ordinance in effect.
2MJUSR21 2-1343 — Nix Mine
Page 4
Section 22-2-60.B states, "Support responsible energy and mineral development." Subsection
B.1 states "Ensure that surface development reasonably accommodates mineral extraction."
The County recognizes that mineral resource extraction is an essential industry. The availability
and cost of materials such as sand and gravel, have an effect on the successfulness of general
construction and 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 and gravel, coal
and uranium. High -quality sand and gravel deposits in the County are found along major drainage
ways. According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the mine
area is classified as Coarse Aggregates (1) Gravel: relatively clean and sound.
Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists
or can be made available prior to development of energy and mineral resource production
facilities."
To address 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 limitedto,
dust control and damage repair to specified haul routes. The Improvements and Road
Maintenance 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 TIS in mid -March
2022, addressing the CDOT (Colorado Department of Transportation) comments from the initial
submittal, February 10, 2021, of the traffic impact study for this project. The traffic engineer started
to 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 MUTCD (Manual on Uniform Traffic control Devices
for Streets and Highways) 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."
In an electronic mail dated April 7, 2022, from Tim Bilobran, Region 4 Access Manager, states 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 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 to Weld County and the applicant's representative, from the Region 4
Access Manager, 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
2MJ �� SR I-02-1343 — Nix Mire
Page 5
north of Highway 66. Planning Services has no written evidence that this 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Chapter 23, Article Ill, 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 M'ix 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 23-2-220.A.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."
Zoning in the area surrounding the site is primarily in the (A) Agricultural Zone District. In addition
to agricultural uses, there are multiple special use permits within a one (1) mile, including aggregate
mining, oil and gas development and irrigated agriculture, 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 Highway CO, including:
Lands immediately adjacent to the permit boundary include the Varra Sand Land Pit permitted via
MUSRI 1-0001 to the west, to the north is a reclaimed mine permitted under SUP -338 and a permit
for a second dwelling surrounded by irrigated agricultural lands. Approximately 0.5 miles north of
the site is an 8000 -head LCD (Livestock Confinement Operation) permitted under AmUSR-127 and
an Agricultural Service establishment permitted under 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
2MJUSR I-02-1343 — Nix Kline
Page 6
encumbrances, center pivots and the Varra Companies P122 pit, permitted under USR17-0042
and the LG Everist mine permitted under 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 twenty-seven (27) dog kennel is located on
the subject property and will need to be vacated. This is a Condition of Approval
There are twenty-nine (29) residences within one mile of the mine site, with the nearest residence
being the Jerry Nix parcel immediately adjacent to the USR-DRMS permit boundary west of County
Road 19. To the west is a residence approximately 100 -feet from the mine site, across 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 residences
located 300 -feet or greater in distance from the mine site with all other residences are located at a
greater distance from the proposed USR-DRMS permit boundary.
The Weld County Department of Planning Services sent notice to twenty-eight (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.
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),
and an accepted County Access Permit for County Road 28 and 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 their referral dated November 3,
2021 states "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. The report 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 inclosest proximity to the nearest neighbors
and therefore represent the worst -case scenario for equipment placement and impact. The
modeling results for Scenario 1 indicate that 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 CRS 25-12-103. The modeling results for Scenario 2 indicate that 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 CRS 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
Development Standards and Conditions of Approval 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 23-2-220.A.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
2M,H USR I-02-1343 — Nix Mine
Page 7
Planning Agreement Areas for the City of Fort Lupton and the Towns of Firestone, Platteville, Mead.
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 County Road 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. . . .''' In the referral received from the Town of
Platteville dated November 2, 2021, they state "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 of February 1, 2022, and
have 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 SH66 that will
likely go through Platteville to access US85. The Town understands that SH66 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 SH66 from US85 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., CR19) more negative impacts from the increased traffic will be experienced by
Platteville."
"In 2017 the Town annexed the SH66 right-of-way from Division Blvd (CR 25.5) west to CR19
and further west along SH66 to the St. Vrain River in 2021. The Platteville Police Department
has jurisdictional authority to regulate and enforce traffic laws along this portion of SH66 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 SH66
and CR21. A specific concern was raised regarding trucks bypassing the route on SH66 to
US85 and using CR21 south of SH66 to connect to CR28 and then east to US85. The Town
requests that various concerns stemming from county residents within the Town's 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
CountyRoad 13 and Highway 66 as well as the intersection of 1-25 and Highway 66. Further
requesting to include a description of any proposed mitigation efforts that address theimpacts 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 County Road
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. The Town in their referral dated
November 18, 2021, had several comments including
1. Upon approval of the amended USR, the Town requests the annexation of the lands
subje.ct to the USR into the Town of Firestone.
2MJUR I-02-1343 — Nix Mine
Page 8
2. The proposed USR is showing that access from the site will be WCR 28 east to the
intersection of WCR 19. The Town of Firestone has recently annexed the WCR 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 WCR 19. The Town classifies WCR 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 WCR 28 and WCR 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 WCR 28 and WCR 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.
5. The Town agrees with the recommendation from the traffic study that a signal be installed
at WCR 19 and 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 (WCR 28) as a primary access for such
a large-scale commercial trucking operation. The Town believes at a minimum VCR 28
should be paved from WCR 19 up to the primary access."
7. The Town requests that the county as a condition of approval require then applicant to
dedicate the necessary Right-of-way along the WCR 19 frontage for the future roadway
build- out. This would be 60' of right-of-way from the centerline of WCR 19 to the west
(120' 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 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, SH 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 offers 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 WCR 28, the updated
USR still has a WCR 28 access labeled "Primary approved commercial access (paved) - to
be utilized as a secondary access point, main access will be off of Highway 66." This is unclear
as to whattype of access this will be; primary or secondary; commercial or non-commercial use.
If it is to be a primary commercial access until the 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
2M, �_i R I-02-1343 — Nix Mine
Page 9
2, 3, 4, and 6 from the Town's original comment responses are still valid with any access from
WCR 28 being shown on the USR."
"Comment 7 from the Town's original comment requesting that the additional right-of-way for
WCR 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 23-2-220.A.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 (FE MA) FIRM Community Panel Map #08123C -1885F effective date
September 17, 2020 (Unknown Floo ,plain). 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 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 location al decision for the proposed use.
The proposed mine site is located on 10.84 acres of Farmland of Statewide Importance and 46.07
acres of Farmland of Local Importance and 19.84 acres of Prime if Irrigated and approximately
230.25 acres 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 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 and surface development.
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.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
2M,H USR I-02-1343 — Nix Mine
Page 10
A. The applicant shall submit a letter requesting the vacation of SUP -240. (Department of Planning
Services)
F. 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, including submitting an annexation
agreement with a date certain to perfect this action. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (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. (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 Ill of the Weld
County Code. Written and graphic evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
F. 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. (Development Review)
F. The applicant shall address the requirements of the Colorado Department of Transportation as
stated in their referrals dated December 2, 2021, April 7, 2022 and May 26, 2022. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Colorado
Department of Transportation)
C. The applicant shall provide evidence of the access permit issued by the Colorado Department of
Transportation (CDOT) which grants access to State Highway 66, and written evidence that the
applicant has complied with the requirements of the CDOT. (Department of Planning Services)
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, utilities and shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number. (Department of Planning Services)
I. 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. (Department of
Planning Services)
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. (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. (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
2MJ R2I-02-1343 — Nix Mine
Page 11
10,000 gallon off -road diesel tank, the 500 gallon on -road diesel 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.
(Department of Planning Services)
M. The applicant shall submit written evidence that each tank is permitted by the State of Colorado
Department of Labor and Employment Oil and Safety Division 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. (Department of Planning Services)
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. (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. (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, Section 23-4-270.A and B. of the Weld
County Code.
O. The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined
Land Reclamation Board per Chapter 23, Article IV, Section 23-4-280.A of the Weld County
Code. (Department of Planning Services)
R. The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the
protection of the health, safety, and welfare of the inhabitants of the County. Specifically, Section
23 -4 -280.B -D of the Weld County Code. (Department of Planning Services)
S. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR21-02-1343 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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.
(Department of Planning Services - Floodplain)
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. (Department of Planning
Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
7. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
2M,H UR21-02-1343 — Nix Mine
Page 12
8. The applicant shall show the shared access/ access easement between Varra Companies
(Raptor Materials Inc.) and Ready Mixed Concrete Company as approved by COOT and
accepted by the Department of Planning Services. (Department of Planning Services)
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 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. (Development Review)
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 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. (Development Review)
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 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 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. (Development Review)
12. The property is bounded by a pending annexation of County Road 19. Contact the Town o
Firestone to determine what right-of-way shall be shown on the submitted map. Reference the
documents creating the right-of-way. (Department of Planning Services)
13. The property is bounded by State Highway 66. Contact the Colorado Department of
Transportation (CDOT) to determine what right-of-way shall be shown on the submitted map.
Reference the documents creating the right-of-way. Please contact Mr. Tim Bilobran at the
Greeley office, phone number 970-350-2163. (Development Review)
14. Show and label the existing permitted access point (AP2O-00023 — Commercial) and the
proposed access location onto CR 28, 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. (Development Review)
15. Show the approved Colorado Department of Transportation (CDOT) access onto State
Highway 66 on the site plan and label with the approved access permit number if applicable.
(Development Review)
16. Show and label the approved tracking control on the site plan. (Development Review)
17. Show and label the entrance gate if applicable. An access approach that is gated shall be
designedso 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 thirty-five (35) feet. (Development Review)
18. Show and label the drainage flow arrows. (Development Review)
2MJUR I-02-1343 — Nix Mine
Page 13
19. Show and label the parking and traffic circulation flow arrows showing howthetraffic moves around
the property. (Development Review)
20. Show and label all recorded easements and rights -of -way by book and page number or reception
number and date. (Department of Planning Services)
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. (Department of
Planning Services)
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)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. For
County Road 28 and State Highway 66. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
C. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
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 (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. (Department of Planning Services)
B. The applicant shall obtain an access permit in the approved location prior to construction.
(Department of Planning Services)
C. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (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
2MJUSR21-02-1343 — Nix Mine
Page 14
Recorder or the applicant has been approved for an early release agreement. (Department of
Services)
Planning
2MJUSR21-02-1343 — Nix Kline
Page 15
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Ready Mixed Concrete Company - Nix Pit
2 J USR2I -02-1343
1 A Major Amendment to Site Specific Development Plan and 2nd Amendment to Use by Special Review
No. USR-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
(H MA) Batch Plant, 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. (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)
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. (Department of Planning Services)
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety
112c Permit number M2001-046. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning
Services)
7. The number of on -site employees shall be up to twenty-eight (28). (Department of Planning Services)
8. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
10. The Property Owner shall maintain compliance with the accepted Landscape and Screening Plan.
(Department of Planning Services)
11. The Property Owner shall maintain compliance with the accepted Decommissioning Plan. (Department
of Planning Services)
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.
(Department of Planning Services)
2MJUSR21-02-1343 — Nix Mine
Page 16
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. (Department of Planning Services)
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.
(Department of Planning Services)
15. 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. (Development Review)
16. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
18. 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. (Development Review)
19. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
20. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Development Review)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
O.R.S., as amended) shall be stored and removed forfinal disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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. Thevolume 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. (Department of Public
Health and Environment)
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 SolidWastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
25. Waste materials shall be handled, stored, and disposed in a manner that controlsfugitive dust, blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
26. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
27. The facility shall operate in accordance with the approved dust control plan. Thefacility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures shall
be implemented as required by the Weld County Health Officer. (Department of Public Health and
Environment)
2MJUSR21-02-1343 — Nix Mine
Page 17
28. This facility shall adhere to the maximum permissible noise levels allowed in thelndustrial Zone as
delineated in 25-12-103 C. R.S. The facility shall operate in accordance with the accepted noise modeling
report. (Department of Public Health and Environment) .
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. (Department of Public Health and Environment)
30. The facility shall utilize the existing public water supply. (Central Weld CountyWater District) (Department
of Public Health and Environment)
31. If applicable, the applicant shall obtain a stormwater discharge permit from theColorado Department of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
32. The operation shall comply with all applicable rules and regulations of theColorado Division of Minerals
and Geology. (Department of Public Health and Environment)
33. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away
during flooding shall be securely anchored and adequatelyflood proofed to avoid creation of a health
hazard. (Department of Public Health and Environment)
34. Adequate handwashing and toilet facilities shall be provided for employees andthe public. (Department
of Public Health and Environment)
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 anda 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. (Department of Public
Health and Environment)
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 months ateach location. (Department of Public Health and
Environment)
37. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Public
Health and Environment)
38. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
39. Any vehicle washing area(s) shall capture all effluent and prevent dischargesfrom drum washing and the
washing of vehicles in accordance with the WeldCounty Code, the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health
and Environment)
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, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
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
Systems. (Department of Public Health and Environment)
2MJUSR21-02-1343 — Nix (Mine
Page 18
42. 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)
43. The facility shall notify the County of any revocation and/or suspension of anyState issued permit.
(Department of Public Health and Environment)
44. The operation shall comply with all applicable rules and regulations of state andFederal agencies and
the Weld County Code. (Department of Public Health and Environment)
45. Portable toilets and bottled water are acceptable to provide drinking and sanitaryservices 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 WeldCounty 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)
46. Odors detected off site shall not exceed the level of seven -to -one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air PollutionControl Regulations. (Department of Public Health
and Environment)
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. (Department of Planning Services - Floodplain)
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. (Department of Planning Services - Floodplain)
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 change either 0.3 feet increase or decrease a Letter of Map Revision (LOMR)
will be required within six (6) months of reclamation. (Department of Planning Services — Floodplain)
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 has been adopted by Weld County: 2018 International Building
Codes; 2018 International Residential Code; 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. (Department of Building Inspection)
51. A building permit is required for any foundations, truck scale & scale house, cargo containers. An
electrical permit for equipment on a sand & gravel mining operation. (Department of Building Inspection)
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. (Department of
Planning Services)
2MJUSR21-02-1343 — Nix Kline
Page 19
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. (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 Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner.
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.
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 person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
57. VELD COUNTYS 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.
2MJUSR21-02-1343 — Nix Mine
Page 20
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the county, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the county,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, 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.
2MJUSR21-02-1343 — Nix Kline
Page 21
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
May 3, 2022
Ready Mixed Concrete Company
5775 Franklin Street
Denver, Co 80216-1521
Subject: 2MJUSR21-02-1343 - A Site Specific Development Plan and 2nd Amendment to Use by
Special Review No. USR-1343 for open 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 two (2) conex containers
for storage of products for plant operations and maintenance and ongoing in -ground water
storage reservoir to operate independently of previously permitted mining and reclamation
activities outside of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
SW4SE4/S2SW4 SECTION 28, T3N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 07, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 29, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Vesper fully,
Kim
Planner
Hello