HomeMy WebLinkAbout20220123.tiffRESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1MJUSR21-20-0025, FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - JOEL KONIG I KONIG AG CO., C/O SUPERIOR OILFIELD SERVICES
CO., LTD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Joel Konig / Konig Ag Co., 37231 State Highway 14, Briggsdale, Colorado
80611, c/o Superior Oilfield Services Co., LTD, 2986 West 29th Street #12, Greeley, Colorado
80631, for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-20-0025, for Open Mining (sand, gravel and stone) and processing of minerals
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
W1/2 and SE1/4 of Section 22, Township 12 North,
Range 63 West ,of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by John McFarland, Superior
Oilfield Services Company, LLC, 2986 West 29th Street, #12-13, Greeley, Colorado 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior
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MAJOR AMENDED SPECIAL REVIEW PERMIT (1MJUSR21-20-0025) - JOEL KONIG /
KONIG AG CO., C/O SUPERIOR OILFIELD SERVICES CO., LTD
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to development of energy and mineral resource production
facilities."The proposed permit area is located north of and adjacent
to County Road 138 and approximately one mile west of County
Road 71. The aggregate material will be recovered using equipment
typical for sand and gravel mining operations. Equipment includes
a portable crusher and screening plant, front end loaders, scrapers,
dozers, and conveyor belts. 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. 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, 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
production agricultural lands.
2. Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses."
According to the Weld County Sand and Gravel Resources map
dated July 1, 1975, the property is classified as Alluvial -fan
deposits, which are gently sloping fan -shaped deposits of gravel,
sand, silt, and clay produced by a stream that issued or issues from
a narrow valley or point source onto an open plain or valley.
Reclamation may be concurrent with the mining operation if
possible. The site will be returned to its previous use of dryland
farming, and graded back to blend in with the original areas so
farming can continue. Overburden and topsoil will be replaced and
graded with the use of scrapers and finished off by a blade to the
desired slopes and grades. The area will then be used by the
landowner for farming.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
Section 23-3-40.S of the Weld County Code provides a Site Specific
Development Plan and Use by Special Review Permit for Open
Mining (sand, gravel and stone) and processing of minerals outside
of subdivisions and historic townsites in the A (Agricultural) Zone
District.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures and dry farmland with one residence about one (1) mile south of
the site. There are six (6) USRs within one (1) mile of the site. USR-817,
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MAJOR AMENDED SPECIAL REVIEW PERMIT (1MJUSR21-20-0025) - JOEL KONIG /
KONIG AG CO., C/O SUPERIOR OILFIELD SERVICES CO., LTD
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USR-721, and 1 MUSR19-16-0032, all for gravel mining.
1MUSR19-11-1772, for an oil and gas support and service facility;
3MUSR18-13-0002, for a mineral resource development facility; and
SUP -333, for 345 kV overhead transmission lines. The Weld County
Department of Planning Services sent notice to five (5) surrounding
property owners and no correspondence was received. The remote
location of the site, the Conditions of Approval and the Development
Standards will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the
region.
D. Section 23-2-230.B.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 not located within a three (3) mile referral area or
an Intergovernmental Agreement Area of any municipality. The site is
located within the three (3) mile referral area of Laramie County. Laramie
County did not respond with any referral agency comments.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed site is located primarily on soils designated as
"Farmland of Statewide Importance" and a small section is located on
"undefined" soils, per the NRCS Web Soil Survey Farmland Classification
Map. The mining operation is located on the undefined soils so there will
be no prime agricultural land removed due to mining.
G. Section 23-2-230.B.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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
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MAJOR AMENDED SPECIAL REVIEW PERMIT (1MJUSR21-20-0025) - JOEL KONIG /
KONIG AG CO., C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Joel Konig / Konig Ag Co., c/o Superior Oilfield Services
Co., LTD, for a Site Specific Development Plan and Major Amended Use by Special Review
Permit, 1MJUSR21-20-0025, for Open Mining (sand, gravel and stone) and processing of
minerals outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
Prior to recording the map:
A. If applicable, the applicant shall submit a recorded copy of any agreement
signed by all of the owners of the property crossed by the access. The
access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number.
B. A Lighting Plan for nighttime operations, as applicable, shall be submitted
to, and approved by, the Department of Planning Services.
C. A Decommissioning Plan for all permanent and temporary structures,
including equipment associated with the aggregate mine, shall be
submitted to, and approved by, the Department of Planning Services.
D. The applicant shall attempt to address the requirements of the State of
Colorado, Division of Water Resources, as stated in the referral response
dated October 8, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR21-20-0025
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the on -site lighting for nighttime operations,
in accordance with the approved Lighting Plan, if applicable.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
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MAJOR AMENDED SPECIAL REVIEW PERMIT (1MJUSR21-20-0025) - JOEL KONIG /
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8) The applicant shall show and label all recorded easements by book
and page number or reception number and date.
9) County Road 71 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 138 Section Line is shown to have unmaintained
section line and petition right -of- way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right -of --way on the site plan. Show and label the section line
Right -of -Way as "CR 138 Section Line Right -of -Way, not County
maintained." All setbacks shall be measured from the edge of the
right-of-way.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan.
12) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
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MAJOR AMENDED SPECIAL REVIEW PERMIT (1MJUSR21-20-0025) - JOEL KONIG /
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of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction outside of the
gravel mining area, a Weld County Grading Permit will be required.
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District, and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
B. The applicant shall submit written evidence the Financial and Performance
warranty has been submitted to, and accepted by, the Division of
Reclamation, Mining and Safety.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COJJJNTY, COLORADO
ATTEST:
Sc tt K. James, Chair
Weld County Clerk to the Board
B1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS
JOEL KONIG,/ KONIG AG CO.,
C/O SUPERIOR OILFIELD SERVICES CO., LTD
1 MJUSR21-20-0025
A Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-20-0025, is for Open Mining (sand, gravel and stone) and processing of
minerals outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All permitted operations shall be conducted during the hours of daylight except in the case
of a declared emergency disaster by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or COOT, for. night projects. Operations will be considered "night
operations" when they take place between the hours of one (1) hour after sundown to
one (1) hour before sunrise. Depending on the request of the jurisdiction, night operations
could occur seven (7) days per week. When the operator becomes aware of projects that
require night operations, they will email the Weld County Planning Director about the plans
to operate outside of daylight hours, who the project is for, how long it will be occurring,
and where the materials are being delivered.
4. The number of on -site employees shall be up to ten (10).
5. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable.
8. 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.
9. 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.
10. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
14. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
16. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
17. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. 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.
20. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
21. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
22. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's air quality regulations.
23. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with the
accepted noise report.
25. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from
the facility area in a manner that prevents nuisance conditions.
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Any On -site Wastewater Treatment System (OWTS)
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located on the property . must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems.
27. 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.
28. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
29. All chemicals must be handled in a safe manner, in accordance with product labeling. All
chemicals must be. stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
30. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
31. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
32. The operation shall comply with the Mine Safety and Health Act (MSHA).
33. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. 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.
36. Building Permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently the
following have been adopted by Weld County: 2018 International Building Codes, 2018
International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Plan review shall be approved, and a permit must be issued prior to the
start of construction.
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37. The property owner or operator shall be responsible for complying with the Open -Mining
Standards of Chapter 23, Division 4, of the Weld County Code.
38. 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.
39. 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.
40. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
41. This 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.
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. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
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43. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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