HomeMy WebLinkAbout20220393.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
EXHIBIT
vs�a� -'1 cam- a98
Moved by Michael Wailes,
that the following resolution be introduced for passage
by
the Weld County
Planning Commission. Be
it resolved by the Weld County Planning Commission that
the
application for:
CASE NUMBER:
1MJUSR21-76-298
APPLICANT:
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PLANNER:
KIM OGLE
REQUEST:
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR-298, FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS, IMPORTATION OF
AGGREGATE (SAND, GRAVEL AND STONE) FROM OFF SITE, 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 AND EQUIPMENT
ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION:
E1/2 NE1/4, AND PART OF THE SE1/4 OF SECTION 7 LYING
NORTHWESTERLY AND WESTERLY OF THE PIERCE LATERAL; EXCEPTING
THEREFROM A 56.5 -ACRE PARCEL OF LAND IN THE W1/2 OF THE SW1/4 AND
IN THE SW1/4 OF THE NW1/4 OF SECTION 7 CONVEYED TO WELD COUNTY,
COLORADO, BY DEED RECORDED JUNE 12, 1962, IN BOOK 1617, PAGE 174;
ALSO EXCEPTING THEREFROM A PARCEL OF LAND LYING SOUTHERLY AND
EASTERLY OF THE PIERCE LATERAL DITCH IN THE SE1/4 OF SECTION 7, ALL
WITHIN TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION:
NORTH OF AND ADJACENT TO CR 94; EAST OF AND ADJACENT TO CR 37;
SOUTH OF AND ADJACENT TO CR 96; WEST OF AND ADJACENT TO CR 39.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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 road 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 dry agricultural lands.
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 VI - Water deposited gravel, sand, silt and clay along present stream courses,
and the material is predominately gravel that is 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 a Road Maintenance Agreement for dust control, damage repairs to specified haul
routes, triggered off -site improvements and up -front off -site improvements as a Condition of
Approval to be accepted by the Board of County Commissioners prior to recording the USR map.
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 2
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, a drag line, 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 III, Section 23-3-40 R allows for open mining (sand, gravel, stone) and
processing of minerals, subject to the additional requirements of Article IV, Division 4, of the Weld
County Code through a use by special review outside of subdivisions and historic townsites Also
included are a mine office/scale house and scale, a fueling/lubricating station, portable generators,
mobile mining equipment, parking and storage, employee and vendor parking and also Chapter,
Article III, Section 23-3-40 C more than the number of cargo containers allowed by Section 23-3-30,
up to ten (10) for storage of products and equipment for operations in the A (Agricultural) Zone
District
Weld County Code, Chapter 23, Article III, Division 1 Section 23-3-10 Intent, states in part 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 "
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 Agricultural (A) The proposed project is a listed as an aggregate mine, permitted
in the Agricultural Zone District as detailed in this Use by Special Review permit application, and in
the Weld County Code
Zoning in the area surrounding the site is primarily the (A) Agricultural Zone District In addition to
agricultural uses, there are multiple special uses within a one mile, including aggregate mining, oil
and gas development and light industrial uses The end use, dryland agriculture is consistent with the
uses in the area surrounding areas
The adjacent lands within one (1) mile of the property boundary consist of agricultural uses,
aggregate mining, recreational facilities, rural residences, oil and gas operations, and a dairy many
permitted through a Special Use Permit, including
Lone Tree Pit permitted via USR 11-0020 to the west and the Ornelas recreational horse racing track
permitted via 1 MUSRI 8-17-0024 to the north, and to the northwest is the Weld County Pierce North
Gravel Pit, permitted via USR-1716, lands to the east and south are agricultural lands with limited
rural residences One-half mile south of the intersection of County Roads 94 and 39 is the 10,000
head Longs Peak Dairy permitted via USR-1395
There are nine (9) residences within one mile of the mine site, with the nearest residence being
approximately 545 feet from the USR-DRMS permit boundary south of County Road 94 This
residence is located 1400 -feet to an excavation site and approximately one mile to the processing
site Two residences are located to the east of the alternate excavation site and processing area
and are both approximately 4500 -feet from each area, all other residences are located at a distance
of one-half mile or greater from the proposed USR-DRMS permit boundary and one mile or greater to
an excavation site of processing area
RESOLUTION 1MJUSR21-76-296
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 3
The Weld County Department of Planning Services sent notice to thirty-six (36) Surrounding Property
Owners Planning staff received no written correspondence or telephone calls of inquiry about the
application
The Conditions of Approval require that the applicant submit an accepted Improvements and Road
Maintenance Agreement (maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes), and an accepted County Access Permit The Noise Abatement Plan and
Dust Abatement Plan have been submitted and reviewed 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 two (2) municipalities, the Town of Pierce
and the Town of Nunn The Towns of Pierce and Nunn do not have a Coordinated Planning
Agreement with Weld County and the mine site is not located within an Intergovernmental Agreement
Area or Coordinated Planning Area of any municipality
The Town of Pierce 1976 Comprehensive Plan Future Land Use Plan Development Policies "
encourages planned, innovative and controlled growth which complies with local goals and
objectives Because there are large undeveloped areas within the town, it is felt that Pierce will
proceed at a -reasonable pace to allow future growth However, until the town develops that
undeveloped portion of land within its corporate limits, it will be a town policy to generally oppose any
effort to incorporate or annex areas at its fringe Generally, areas not urban in character will not be
encouraged to annex to the town " The Town of Pierce 1976 Comprehensive Plan Future Land Use
Plan was not a component of the adopted June 22, 1976 document
The Town of Pierce returned multiple referrals with the October 8, 2021 referral indicating no conflict
with their interests
The Town of Nunn's 2008 Comprehensive Plan Land Use Concept Plan identifies lands east of
County Road 35 and south of County Road 92 as outside of their Planning area and two miles or
greater in distance outside of their Town Limits Lands located between the Town Limits and the
Planning Area are designated as Agriculture The designated agricultural lands typically include
large parcels of land that are used to cultivate crops and nursery stock, to raise animals and to
provide farm -related products and are Located on the outskirts of the community, typically between
the Primary Growth Area and the Planning Area It is important to buffer agricultural uses from other
uses because agricultural production may include a variety of hazards including heavy farm
equipment, irrigation ditches, herbicides, pesticides, livestock and open burning
The Town of Nunn did not return a referral to the County
E Section 23-2-220 A 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, Historic Townsite Overlay District, or the Agricultural
Heritage Overlay District boundary
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
RESOLUTION I MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 4
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 proposed mine site is located on 399 52 acres of Farmland of Statewide Importance and 122 48
acres of Prime (Irrigated) Farmlands per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map Colorado Revised Statutes provides for the extraction of mineable resources prior
to and surface development Post mining the land will be reclaimed back to dryland agriculture
As stated, the properties of the site contain some "Farmland of Statewide Importance and 122 48
acres of Prime (Irrigated) Farmlands " 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
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 Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A An Improvements and Road Maintenance Agreement is required for 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 (Development
Review)
B A Final Drainage Narrative requesting and justifying detention exception number 6 of Section 8-11-
40 I of the Weld County Code (Development Review)
C The applicant shall attempt to address the requirements of the Pierce Lateral Ditch Company, as
stated in the referral response dated October 6, 2021 Written evidence of such shall be submitted to
the Weld County Department of Planning Services (Pierce Lateral Ditch Company)
D The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in the electronic referral response received December 13, 2021, specific to the Traffic Study
prepared in conjunction with the land use application "CDOT agrees with the conclusions of the
study, including the results of the signal warrant analysis CDOT will require the applicant to apply for
a CDOT Access Permit to account for the construction associated with the NB right deceleration lane
on CO 85 at the CO 85/CR 90 intersection As stated in the study, the existing deceleration lane is
too short and CDOT expects the additional 219 -feet to be added to the lane by the applicant to safely
accommodate the large truck vehicles' queuing " Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of Planning Services)
E The applicant shall acknowledge the requirements of the Colorado Division of Water Resources, as
stated in the referral response dated December 21, 2021 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning Services)
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 5
F A Communication Plan shall be submitted to and accepted by the Department of Planning Services
(Department of Planning Services)
G A Lighting Plan shall be submitted for nighttime operations, as applicable, to, and approved by, the
Department of Planning Services (Department of Planning Services)
H The USR map shall be amended to delineate the following
1 All sheets of the map shall be labeled 1 MJUSR21-76-298 (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 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)
5 The map shall delineate the onsite lighting for night-time operations, in accordance with the
accepted Lighting Plan (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)
8 Portable toilets shall be screened (Department of Planning Services)
9 County Road 37 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 39 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 94 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)
12 County Road 96 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)
RESOLUTION 1 MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 6
13 Show and label the permitted access locations onto CR 37 and onto CR 39, approved access width,
and the appropriate turning radii on the site plan Include the type of access, as well (e g
Commercial) (Development Review)
14 Show and label the approved tracking control on the site plan (Development Review)
15 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 traveledsurface be less than 35 feet (Development Review)
16 Show and label the drainage flow arrows (Development Review)
17 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
aroundthe property (Development Review)
18 Show and label all recorded easements by book and page number or reception number and
date (Department of Planning Services)
19 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-70 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 tracking control shall be constructed prior to on -site construction (Development
Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
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 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)
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 7
6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Pamela Edens
Michael Wailes
Michael Palizzi
Sam Gluck
Butch White
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 4, 2022
Dated the 4th of January, 2022
Kristine Ranslem
Secretary
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
North Weld Gravel Pit
1 MJ US R21-76-298
1. A Major Amendment to a Site Specific Development Plan and Special Review Permit, SUP -298, for open
mining (sand, gravel and stone) and processing of minerals, importation of aggregate (sand, gravel and
stone) from off site, 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 products and equipment associated with operations 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. 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 M1976-018. (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. Mining shall be permitted during daylight hours only 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 CDOT, for night projects. Operations will be
considered "night operations," when they take place between the hours of one hour after sundown to one
hour before sunrise. Depending on the request of the jurisdiction, night operations could occur seven
days per week. When the operator becomes aware of projects that require night operations, the operator
will email the Weld County Planning Director to provide notification 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. Plant operations, processing, offices and repair facilities may operate twenty-four (24) hours
per day, without restriction per Board of County Commissioners approval. The facility may operate seven
(7) days per week, year-round. (Department of Planning Services)
7. The number of on -site company employees shall be up to eighteen (18) twelve (12). (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 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
10. The Property Owner shall maintain compliance with the approved Communication Plan. (Department of
Planning Services)
11. The Property Owner shall maintain compliance with the approved Decommissioning Plan. (Department
of Planning Services)
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 9
12 The Property Owner shall maintain compliance with the approved Lighting Plan (Department of Planning
Services)
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 15'h 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/Road
Maintenance Agreement (Development Review)
20 The Improvements/Road Maintenance 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 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
23 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)
24 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
25 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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code and the accepted waste handling plan
(Department of Public Health and Environment)
26 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 and the accepted dust abatement plan
(Department of Public Health and Environment)
27 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)
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 10
28 The facility 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 accepted noise study
(Department of Public Health and Environment)
29 The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from the facility area
in a manner that prevents nuisance conditions (Department of Public Health and Environment)
30 Adequate drinking, hand washing, 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, as necessary (Department of Public Health and Environment)
31 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 System Systems (Department of Public
Health and Environment)
32 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 shall be screened
from existing adjacent residential properties and public nghts-of-way (Department of Public Health and
Environment)
33 Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency (Department of Public Health and Environment)
34 If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division (Department of Public Health
and Environment)
35 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
36 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
(Department of Public Health and Environment)
37 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)
38 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health
and Environment)
39 The facility shall notify Weld County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
40 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)
41 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, 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 (Department of Building Inspection)
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 11
42 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)
43 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)
44 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)
45 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
46 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, orwhen
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
47 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 persons 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
48 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,
RESOLUTION 1MJUSR21-76-298
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PAGE 12
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, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
The Chair called a recess at 4:28 p.m. and reconvened at 4:31 p.m.
Commissioner White and Commissioner Gluck left the hearing at 4:28 p.m.
CASE NUMBER:
1MJUSR21-76-298
APPLICANT:
NORTH WELD GRAVEL, RLLP, C/O C&H AGGREGATE, LLC
PLANNER:
KIM OGLE
REQUEST:
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR-298, FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS, IMPORTATION OF
AGGREGATE (SAND, GRAVEL AND STONE) FROM OFF SITE, 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 AND EQUIPMENT
ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION:
E1/2 NE1/4, AND PART OF THE SE1/4 OF SECTION 7 LYING
NORTHWESTERLY AND WESTERLY OF THE PIERCE LATERAL; EXCEPTING
THEREFROM A 56.5 -ACRE PARCEL OF LAND IN THE W1/2 OF THE SW1/4
AND IN THE SW1/4 OF THE NW1/4 OF SECTION 7 CONVEYED TO WELD
COUNTY, COLORADO, BY DEED RECORDED JUNE 12, 1962, IN BOOK 1617,
PAGE 174; ALSO EXCEPTING THEREFROM A PARCEL OF LAND LYING
SOUTHERLY AND EASTERLY OF THE PIERCE LATERAL DITCH IN THE SE1/4
OF SECTION 7, ALL WITHIN TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION:
NORTH OF AND ADJACENT TO CR 94; EAST OF AND ADJACENT TO CR 37;
SOUTH OF AND ADJACENT TO CR 96; WEST OF AND ADJACENT TO CR 39.
Kim Ogle, Planning Services, presented Case 1MJUSR21-76-298, reading the recommendation and
comments into the record. No written correspondence or phone calls were received from surrounding
property owners regarding this application. Mr. Ogle referred to Development Standard 7 and stated that
the applicant has requested an amendment to increase the number of employees from 12 to 18. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, noise
study, on -site dust control, and the Waste Handling Plan.
Melissa King, Development Review, reported on access, traffic, and drainage requirements.
Jared Dains, Applegate Group, 1490 West 121St Avenue, Denver, Colorado, stated that this is an existing
mine permitted originally in 1976 and added that the applicant is seeking to expand it. He said that the
existing mine area is pretty much complete and added that the applicant would like to expand to the new
1
area The Pierce Lateral Ditch Company runs adjacent to the site and they had submitted comments
regarding this application Mr Dains said that after talking with them they were able to get a Letter of Intent
signed with them that the applicant acknowledged that they had resolved all of the Ditch's concerns except
for the concern about seepage from the ditch into the pit He added that the applicant would not hold the
Pierce Lateral Ditch liable for nuisance flooding Mr Dains submitted the Letter of Intent as an exhibit and
stated that they fully expect that this will get resolved
Cliff Simpson, 43646 CR 45, stated that this is not a new permit and it will not have an increased operation,
however, it is just being able to mine long term He added that they do operate two (2) gravel pits in the
area and added that the second access that goes west to go across County Road 37 basically makes their
haul route traffic go from one pit to the other crossing the road
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked for changes to the resolution Mr Ogle stated that the applicant is requesting to amend
Development Standard 7 to read "The number of on -site company employees shall be up to eighteen (18) "
Motion Amend Development Standard 7 as stated, Moved by Tom Cope, Seconded by Michael Wailes
Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant referred to the development
standard that stated mining was only allowed during daylight hours, whereas, processing and repair work
was allowed 24/7 Mr Dains said that the only exception to allow mining 24 hours was if there was a
declared state of emergency and he requested to allow mining 24/7 Mr Ogle stated that the intent was to
allow the applicant to mine and process materials 24/7 but they would be restricted to hauling only during
daylight hours He added that the exception to that would be if there is a declared emergency by the Board
of County Commissioners
The Chair clarified if the applicant has read and agrees to the amended Development Standards and
Conditions of Approval Mr Dains replied that they are in agreement
Motion Forward Case 1 MJUSR21-76-298 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
Absent Butch White, Sam Gluck
Meeting adjourned at 5 02 pm
Respectfully submitted,
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Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
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123 Nowhere Street, City, State, Zip
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