HomeMy WebLinkAbout20220352.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Michael Hall
Case Number: USR21-0019
Owner: David W. Hunt and Kayleen J. Hunt
14460 County Road 40, Platteville, CO 80651
Hearing Date: January 4, 2022
Agent: Andy Rodriguez (Civil Resources, LLC)
8308 Colorado Boulevard, Suite 200, Firestone, CO 80504
Request: A Site -Specific Development Plan and Use by Special Review Permit for open mining
(soils) and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zone District. (Hunt Farms - WCR 40 Soils Mine).
Legal Lots A and B of Amended Recorded Exemption 1AMRECX20-14-0042 and Lot B of
Description: Recorded Exemption RE -993; being parts of the NE4 of Section 33, T4N, R66W, of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to County Road 40, west of and adjacent to County Road 31
Acreage: +1- 150 acres Parcel Numbers: 1057-33-1-00-001
1057-33-1-00-002
DRMS Number: M-2021-030 1057-33-1-00-049
The criteria for review of this Use by 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:
• Colorado Division of Water Resources, referral dated October 11, 2021
• Weld County Oil and Gas Energy Department, referral dated November 3, 2021
• Weld County Department of Public Health and Environment, referral dated October 14, 2021
• Colorado Department of Transportation, referral dated October 25, 2021 and November 23, 2021
• Weld County Department of Planning Services — Development Review, referral dated October 13, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Gilcrest, referral dated October 20, 2021
• Colorado Parks and Wildlife, referral dated October 4, 2021
• Weld County Sheriff's Office, referral dated October 15, 2021
• Weld County Zoning Compliance, referral dated October 5, 2021
• Weld County School District RE -1, referral dated October 4, 2021
• Central Weld County Water District, referral dated October 27, 2021
• Platteville-Gilcrest Fire Protection District, referral dated October 26, 2021
• Weld County Office of Emergency Management, referral dated October 5, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Platteville ■ United States Army Corp of Engineers
• Weld County Extension Office ■ Colorado Division Reclamation, Mining and Safety
• Weld County Assessor's Office ■ Colorado Department of Public Health and
• Union Pacific Railroad Company Environment
• Platte Valley Conservation District
USR21-0019 - Hunt
Page 1 of 12
CASE SUMMARY:
The applicants, David and Kayleen Hunt are requesting a Site -Specific Development Plan and Use by
Special Review (USR) Permit for the open mining of soils, to be known as the WCR 40 Soils Mine, operated
by Hunt Farms. This dry mine will produce topsoil and overburden materials for sale, to be used primarily for
reclamation efforts by the oil and gas industry, as such sites throughout Weld County and the region are
abandoned and reclaimed. A portion of the topsoil and overburden will be stripped with bulldozers, loaders
and excavators and stockpiled for sale. No processing will occur on -site, and all material will be hauled off -
site for delivery. A portion of the existing topsoil will be stockpiled and will receive temporary vegetated
cover, for later use in reclamation of the mine. No other construction materials, besides the soils, will be
mined or removed from the site. This mine is permitted to operate under Colorado Division of Reclamation,
Mining and Safety permit no. M-2021-030, pending the posting of the financial warranty and performance
warranty.
The subject lands to be mined are currently irrigated and are utilized for productive cropland. The lands will
be in period of fallow throughout mining. A one hundred (100) foot wide buffer around the perimeter of
excavation areas, will not be mined; this area does not directly follow the property lines. In other portions of
the site, the buffer width is much greater from surrounding properties. Structure Agreements are in process
with entities whose property interfaces with the parcels, as needed.
Four (4) phases of sequential mining areas are expected, each to be concurrently reclaimed following
excavation of a given phase, when possible. In concurrent reclamation is not possible, reclamation will be
completed within one (1) to two (2) years following mining and no longer than five (5) years. Of the one
hundred and fifty (150) acres which comprise the subject parcels, approximately one hundred (100) acres
will be mined, corresponding to roughly twenty-five (25) acres per phase. Approximately two (2) feet of
saleable soils will be stripped from the areas to be mined. Upon mining completion, the land will be two (2)
feet below the native grade with maximum of 2:1 horizontal to vertical bank slopes. The overall land slope
and imperviousness will not change. As the excavation depth is relatively shallow, utilities will remain
undisturbed. Separate material stockpiles will be located in each of the phasing areas, as mining advances.
There is approximately 500,000 tons of material to be excavated, which will account for a total of
approximately four (4) to five (5) years of mining; however, the life of mine may be variable, depending on
market demand. After this temporary use of the land, the site should be fully reclaimed for agricultural
purposes.
Mining activities are limited to daylight hours, with an anticipated schedule of 6:00 am to 6:00 pm in summer
months and during daylight hours in the other seasons. On average, one (1) to two (2) employees will be on -
site at any given time. Bottled water and portable toilets will be utilized. Water from appropriately decreed
and augmented wells will be utilized for dust suppression. Pick-up trucks, semi -trucks and tandem trucks will
access the site. The mine will utilize the same access point on County Road 40 that has historically been
used for agricultural purposes. Trucks will enter the site from County Road 40 and then proceed in a haul
truck loop, where they will be loaded with soils. Third -party customer trucks will access the site to directly
purchase material. No scales or conveyors are proposed to be utilized. This loading process will be
managed by Hunt Farms. Trucks will utilize the nearby County Road network to then access US Highway 85
and then disperse to market. The facility is not expected to host visitors. On -site drainage will be directed
internally on the site, into the mine. A three -strand barbed wire fence will be located on -site to cordon the
mine areas and facility. No structures or permanent improvements will be constructed. No lighting, screening
or landscaping is proposed. No shift work is proposed. No debris, junk or waste streams will be generated.
No washing, screening or crushing of raw materials is proposed. No explosives will be used in mining and no
slurry wall or dewatering is required. No groundwater will be exposed or affected. No fuel storage is
proposed.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
USR21-0019 - Hunt
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A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-60.B. states: "Support responsible energy and mineral development."
Weld County recognizes that mineral resource extraction is both a right and an essential industry
that supports the regional economy and developmental needs. Such extraction operations
should minimize the impacts to agricultural lands and agricultural operations. The proposed mine
will temporarily remove productive agricultural cropland, as the properties are pivot irrigated and
normally planted in alfalfa or legumes. However, the land is and will be in a period of fallow
throughout mining. Water rights are not proposed to be sold or removed from the properties.
Following the short-term mining operation, the property will be reclaimed to irrigable and
cultivated land, with a healthy soil matrix composed of set -aside topsoil from the subject mine
site, soil amendments and manure from the adjacent Hunt feedlot. In this way, the subject site
will not be removed as farmland in Weld County. With the completion of mining in each phase,
slopes will be graded and the area will be concurrently reclaimed for agricultural purposes,
restoring the property to historic use.
The use of the product sourced from the proposed mine also supports this Comprehensive Plan
goal. As oil and gas sites are abandoned, consolidated and reclaimed throughout Weld County
and the region, the demand increases for reclamation soil for use in these efforts. The soil from
the proposed mine will primarily be used for reclaiming abandoned or decommissioned oil and
gas sites and will have widely positive impact in that many of these reclaimed sites may be
restored to productive agricultural lands.
This site will also be operated in mandatory compliance with the Colorado Division of Mining,
Reclamation and Safety, which also ensures responsible mineral development. The Colorado
Mined Land Reclamation Board approved the construction materials regular operation mine
112c application for this proposed dirt mine (permit number M-2021-030) on July 29, 2021.
Financial warranty has been set for this operation and must be submitted prior to issuance of the
DRMS permit and commencement of mining, in addition to recording the USR map.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of other,
incompatible land uses." This code section allows the applicant to apply for a Use by Special
Review permit for the subject mine, which is directly related to natural resource extraction and is
more intense than Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code states, "Open Mining and
processing of minerals, subject to the additional requirements of Article IV, Division 4, of this
Chapter." This code section allows the applicant to apply for the mine. All the components of the
USR will support this request.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands are unincorporated and are primarily zoned A (Agricultural). As the site is
located near the Union Pacific Railroad, which is located on the east side of US Highway 85,
there is a strip of land zoned 1-3 (Heavy Industrial). On the northwest side of US Highway 85 and
the mine, is the Town of Gilcrest municipal limits. The surrounding land uses consist of feedlot
operations, irrigated and dryland agricultural grounds, rural residences and on -going oil and gas
activity. Five (5) neighboring residences are located within approximately 200 feet of the subject
property lines.
USR21-0019 - Hunt
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The proposed mining area does not overlap with any other existing Use by Special Review
permits. There are several USRs within one (1) mile of the site, including: USR-1 197 (10,000
head feedlot); 1 MUSR21-08-0063 (trucking parking and office); USR-1209 (storage and moving
business); USR-1 644 (kennel); and USR1 3-0043 (mineral resource development facility).
Weld County Department of Planning Services staff sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone
calls were received. The applicant has previously noticed all six (6) of these identified
surrounding property owners whether by the Structure Agreement outreach and/or Neighbor
outreach in May and July of 2021 as part of the DRMS notice requirements. Proof of mailings
were submitted in the USR application materials.
Due to the predominately agricultural surrounding land uses and temporary impact of the
operation, as the property will only be mined for approximately five (5) years, this facility appears
to be compatible with the area.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
This site is located within the Town of Gilcrest Intergovernmental Agreement (IGA) boundary
and the Town of Platteville Coordinated Planning Agreement (CPA) boundary. As part of the
pre -application process, Gilcrest returned a Notice of Inquiry form, dated March 30, 2021,
indicating no comments and no annexation interest. Platteville returned a Notice of Inquiry form
dated August 3, 2021, indicating no annexation interest, but supports the need for an
appropriate road maintenance agreement, if applicable, for the County Roads 31 and 32
intersection, located south of the subject parcel.
The site is located within the three (3) mile municipal referral radius of the Towns of Gilcrest and
Platteville. The Gilcrest referral response, dated October 20, 2021, had no comments or
concerns. Platteville did not respond.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The proposed mine is not located within a Special Flood Hazard Area, Airport Overlay District
Municipal Separate Storm Sewer System (MS4) area, Geologic Hazard Overlay District or
Historic Townsite Overlay District. No listed ditches or railroads are located on the subject
properties.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The facility is primarily designated as "Prime Farmland if Irrigated" with low -slope, sandy loam
soils. There is a small portion of "Farmlands of State-wide Importance" located in the southeast
corner of the site. The applicant is the underlying property owner. As such, only fee -owned
property under such ownership control may be consider for the locational decision of where to
site the proposed dirt mine. Although this property is irrigated and utilized as cropland, these
activities will be removed only temporarily. It is the intention of the applicant that the time in
fallow, combined with the integration of manure from the feedlot, will allow such soils that remain
on -site to have an improved nutrient value for future farming activities.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
USR21-0019 - Hunt
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The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
Those agency referral responses, which contained comments, provide additional advisory
information and conditions regarding designing and operating the site to protect the interests of
the County, public and other governmental agencies.
H. Section 23-4-260 -- Additional requirements for open mining have been addressed through this
application and mining -specific Development Standards will ensure compliance with Section 23-
4-290 and Section 23-4-300 of the Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall address the referral comments of the Colorado Department of
Transportation, as stated in the referral responses dated October 25, 2021 and November 23,
2021. Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments of the Colorado Division of Water
Resources regarding stormwater management, as stated in the referral response dated October
11, 2021. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated November 3, 2021. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. An Improvements and Road Maintenance Agreement is required for up -front off -site
improvements at this location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Planning Services - Development Review)
E. An acceptable Final Traffic Impact Study stamped and signed by a Profession Engineer
registered in the State of Colorado is required. (Department of Planning Services - Development
Review)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0019. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-270 of the Weld
County Code. (Department of Planning Services)
4) Show and label the boundary of the DRMS permit with a heavy line type. Notate the
acreage included within the DRMS permit boundary. (Department of Planning Services)
USR21-0019 - Hunt
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5) Show and label elements of the site layout, including any scales, stockpiles, conveyors,
internal site access roads, heavy equipment storage areas, staging and loading areas,
and any temporary construction trailers and/or cargo containers, as applicable.
(Department of Planning Services)
6) Show and label the anticipated mining phasing plan and mining cells, as applicable and
as approved by the Division of Reclamation, Mining and Safety.
7) Show and label the location of the employee parking areas. Refer to Section 23-2-
240.A.6. and Chapter 23, Article IV, Division 1 of the Weld County Code. (Department of
Planning Services)
8) Show and label the location of any buffering, fencing and gates, including dimensions.
Include specification details on the USR map. Refer to Section 23-2-240.A.10. of the
Weld County Code (Department of Planning Services)
9) Show and label the location of any emergency and site identification signage, if
applicable. Include sign specification details on the USR map. Refer to Section 23-2-
240.A.12, Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
10) Show and label the location of the trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld
County Code for design criteria. (Department of Planning Services)
11) Show and label any stationary lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code. (Department of Planning Services)
12) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located in Section 23-3-
70.E. of the Weld County Code. (Department of Planning Services)
13) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. Reference the ALTA survey prepared
by Lat40, Inc. dated March 4, 2021. Identify any utility corridors and underground lines
that cross the site. (Department of Planning Services)
14) County Road 40 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Planning Services -
Development Review)
15) County Road 31 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Planning Services -
Development Review)
16) Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan. The applicant must obtain an access permit in
the approved location prior to construction. (Department of Planning Services -
Development Review)
USR21-0019 - Hunt
Page 6 of 12
17) Show and label the approved tracking control on the site plan. (Department of Planning
Services - Development Review)
18) Show and label the entrance gate, if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Planning Services - Development Review)
19) Show and label the drainage flow arrows. (Department of Planning Services -
Development Review)
20) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services - Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Planning Services - Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services - Development Review)
5. Prior to Operation and Mining:
A. The applicant shall submit written evidence that the Financial and Performance warranty has
been submitted and accepted by the Division of Reclamation Mining and Safety. The resultant
DRMS permit shall be submitted. (Department of Planning Services)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR21-0019 - Hunt
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hunt Farms
USR21-0019
1. A Site -Specific Development Plan and Use by Special Review Permit, USR21-0019, for open mining
(soils) and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Open mining and loading of materials shall be conducted during daylight hours only per Section 23-
4-290.B of the Weld County Code. The facility may operate seven (7) days per week, year-round.
(Department of Planning Services)
4. The mine shall remain in compliance with the Weld County Open Mining requirements per Chapter
23, Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies. (Department of Planning Services)
5. The mine shall remain in compliance with the approved Colorado Division of Reclamation, Mining
and Safety 112c permit, number M-2021-030. (Department of Planning Services)
6. Expansion of mining areas shall require an amendment to the Use by Special Review permit and a
Technical Revision to the Colorado Division of Reclamation, Mining and Safety 112c permit.
(Department of Planning Services)
7. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as
determined by Weld County staff, require an amendment to this USR permit. (Department of
Planning Services)
8. The on -site parking and storage areas for mine equipment and employee vehicles shall be
maintained. (Department of Planning Services)
9. The operator shall maintain compliance with the approved Division of Reclamation, Mining and
Safety Reclamation Plan. (Department of Planning Services)
10. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
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Page 8 of 12
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
16. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
17. The operation shall obtain a stormwater or other discharge permits from the Colorado Department of
Public Health & Environment, Water Quality Control Division, as applicable. (Department of Public
Health and Environment)
18. The operation shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the noise report.
(Department of Public Health and Environment)
19. The operation shall remove, handle, and stockpile overburden from the facility in a manner that
prevents nuisance conditions. (Department of Public Health and Environment)
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
21. Any On -site Wastewater Treatment System located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
22. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and Environment.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and
be screened from existing adjacent residential properties and public rights -of -way. (Department of
Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
24. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
25. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
27. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Planning Services
- Development Review)
28. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Planning Services - Development Review)
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services - Development Review)
30. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Planning
Services - Development Review)
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Page 9 of 12
31. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Planning Services - Development Review)
32. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Planning Services - Development Review)
33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Development Review)
34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2018 International Energy
Code, and 2020 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, shall be required or an Open Hole Inspection. (Department of
Planning Services)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
36. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
39. Chapter 23, Article II, Section 23-2-290.A. states: "Construction or use pursuant to approval of a Use
by Special Review Permit shall be commenced within three (3) years from the date of approval,
unless otherwise specified by the Board of County Commissioners when issuing the original Permit,
or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner."
40. Chapter 23, Article II, Section 23-2-290.B. states: "A Use by Special Review shall terminate when
the use is discontinued for a period of three (3) consecutive years, the use of the land changes or
the time period established by the Board of County Commissioners through the approval process
expires. The landowner may notify the Department of Planning Services of a termination of the use,
or Planning Services staff may observe that the use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified written
notice to the landowner asking that the landowner request to vacate the Use by Special Review
Permit."
41. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special Review
has terminated but the landowner does not agree to request to vacate the Use by Special Review
Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board
of County Commissioners determines that the Use by Special Review has terminated and no good
cause has been shown for continuing the permit, then the termination becomes final and the Use by
Special Review Permit is vacated."
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42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of the
state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
43. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes, hunting
and trapping activities, shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
USR21-0019 - Hunt
Page 11 of 12
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.
USR21-0019 - Hunt
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November 18, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
RODRIGUEZ ANDY
8308 COLORADO BLVD STE 200
FIRESTONE, CO 80504
Subject: USR21-0019 - A Site Specific Development Plan and Use by Special Review Permit for open
mining (soils) and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
LOTS A AND B REC EXEMPT 1AMRECX20-14-0042, BEING PART OF THE N2NE4, AND LOT B
AMENDED REC EXEMPT RE -993, BEING PART OF THE S2NE4, ALL IN SECTION 33, T4N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 4, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 26, 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
Res pectfu I ly,
Michael Hall
Planner
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