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Home My WebLink About20220990.tiffRESOLUTION RE: APPROVE AGREEMENT FOR TEMPORARY HAUL ROUTE FROM U.S. HIGHWAY 85 TO COUNTY ROADS 38 AND 25.5, FOR USE BY SPECIAL REVIEW PERMIT, USR18- 0105, AND AUTHORIZE CHAIR TO SIGN - J-2 CONTRACTING COMPANY, INC., ON BEHALF OF HUNT WATER, LLC, AND TOWN OF PLATTEVILLE 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, on March 27, 2019, the Board of County Commissioners approved the application of Hunt Water, LLC, 14460 County Road 40, Platteville, Colorado 80651, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0105, for a Mineral Resource Development Facility including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Andrew Rodriguez, 323 5th Street, Frederick, Colorado 80530, and WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Agreement for a Temporary Haul Route from U.S. Highway 85 to County Roads 38 and 25.5 by and between J-2 Contracting Company, Inc., whose address is 105 Coronado Court, Unit A-101, Fort Collins, Colorado, 80525, on behalf of Hunt Water, LLC, the Town of Platteville, Colorado, whose address is 400 Grand Avenue, Platteville, Colorado 80651, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for a Temporary Haul Route from U.S. Highway 85 to County Roads 38 and 25.5 by and between J-2 Contracting Company, Inc., on behalf of Hunt Water, LLC, the Town of Platteville, Colorado, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, be, and hereby is, approved. CC: PLC?PIDA /SiM/Ko), APP. 5(412a 2022-0990 PL2646 AGREEMENT FOR TEMPORARY HAUL ROUTE FROM U.S. HIGHWAY 85 TO COUNTY ROADS 38 AND 25.5 (USR18-0105) - J-2 CONTRACTING COMPANY, INC., ON BEHALF OF HUNT WATER, LLC, AND TOWN OF PLATTEVILLE PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE COUNTY COLORADO ATTEST: da)(4&) jeL;g1 Weld County Clerk to e Board County Attorney Date of signature: tiiI Scbtt K. James, Chair 2022-0990 PL2646 e&at II) *S105 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Agreement for Temporary Haul Route for: J-2 Contracting CO., Inc. — USR18-0105 DEPARTMENT: Planning Services DATE: March 22, 2022 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: The Department of Plaming Services received a request from the applicant, J-2 Contracting Co., Inc., on behalf of Hunt Water, LLC, requesting that the Board of County Commissioners consider approving the Agreement for Temporary Haul Route from State Highway 60 to Weld County Road 38 and Weld County Road 25.5 for (USR18-0105) during the duration of the construction of improvements to State Highway 60 as required by CDOT. The Town of Platteville agrees with the approved temporary haul route and is in agreement with all the terms of this Agreement No collateral is required with this Agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. • This Agreement has been approved and signed by the Town of Platteville, Colorado. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Agreement for Temporary Haul Route from State Highway 60 to Weld County Road 38 and Weld County Road 25.5 for USR18-0105, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine AGREEMENT FOR TEMPORARY HAUL ROUTE FROM U.S. HIGHWAY 85 TO WCR 38 AND WCR 25.5 THIS AGREEMENT ("Agreement") is made and entered into this day of _, 2022, by and between J-2 CONTRACTING CO., INC., a Colorado corporation, whose address is 105 Coronado Court, Unit A-101, Fort Collins, Colorado, 80525, hereinafter referred to as "J-2" on behalf of Hunt Water, LLC;" the TOWN OF PLATTEVILLE, Colorado, a municipal corporation of the State of Colorado, whose address is, 400 Grand Avenue, Platteville, Colorado 80651, hereinafter referred to as "PLATTEVILLE;" and the COUNTY OF WELD, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "WELD COUNTY." The parties hereto also may be referred to herein individually as "Party" or collectively as "Parties." WITNESSETH: WHEREAS, on March 27, 2019, the Board of County Commissioners of Weld County approved USR 18-0105 for Hunt Water, LLC, whose USR Map was recorded June 6, 2019, at Reception Number 4495114 in the Office of the Weld County Clerk and Recorder, and WHEREAS, permanent access to the property for USR 18-0105 will be from SH 60; however, the Colorado Department of Transportation ("CDOT") is requiring the construction of improvements to SH 60 before said permanent access is operational, and WHEREAS, J-2 is in need of a Temporary Haul Route ("THR") to access the USR 18- 0105 property until the improvements to SH 60 are complete, and WHEREAS, both WELD COUNTY and PLATTEVILLE are agreeable to said THR under the condition that J72 complies with the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1, TERM: The term of this Agreement shall be from March 24, 2022, to and until September 30, 2022. 2. TEMPORARY HAUL ROUTE ('THR"); The Parties agree that the THR for USR 18- 0105 shall be from SF1 60 west on WCR 38 to WCR 25,5, thence south on WCR 25.5 to the temporary access to US R 18-0105 granted in Access Permit Number TAP22-0007. The WCR 38 portion of the THR has been annexed by PLATTEVILLF, and is herein referred to as the "PLATTEVILLE THR PORTION." The WCR 25.5 portion of the THR is still within the unincorporated area of Weld County and is hereinafter referred to as the "WELD COUNTY THR PORTION." Page 1 01'4 Pages 3. DUTIES TO BE PERFORMED I5Y J-2: ,1-2 agrees to perform the following tasks: a. For the WELD COUNTY THR PORTION: J-2 shall place and maintain at all times 8" of recycled asphalt over the entire 26' of travelled width of WCR 25.5. Said recycled asphalt shall be in place prior to the commencement of the temporary hauling. .1-2 shall obtain a Weld County Right -of -Way Use Permit prior to performing any work within the unincorporated right-of-way of WC.R 25.5. iii. J-2 shall pay to WELD COUNTY the full cost of making and installing solar flashing stop signs, north and south bound, at the intersection of WCR's 25.5 and 38, and WELD COUNTY shall install such stop signs prior to .I -2's use of any of the THR. If at any time WCR 38 east of Hwy 60 to Hwy 85 is used as part of the THR for safety purposes, J-2 shall follow all requirements stated above in 3.a.i and 3.a.ii prior to use. b. For the PLATTEVILLE THR PORTION: Each J-'2 truck used to haul on the PLATTEVILLE THR PORTION shall have an Oversize/Overweight Permit issued by PLA l'I _ EVILLE prior to hauling. PLATTEVILLE and .12 shall .jointly conduct and document a pre - inspection and post -inspection of the PLATTEVILLE THR PORTION prior to the beginning of the use and after the THR route is no longer used. Any deterioration or damage caused to the PLATTEVILLE THR PORTION during the term of this Agreement shall be repaired at the sole expense of J2, to PLATTEVILLE'S satisfaction. The PLATTEVILLE THR PORTION shall be kept clean of debris during the term of this Agreement. 4. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, - constitutes the entire Agreement between the Parties hereto with respect to the subject matter herein, and shall be binding upon said Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors ands assigns of said Parties. 5. NO THIRD -PARTY BENEFICIARY ENI ORCIi,MI NT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall he strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatocver by any other person not included in the Agreement. It is the express intention Page 2 ol'4 Pages of the undersigned Parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 6. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the Parties hereto. 7. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned Parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party hereto, or waiver of, a breach by any other Party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: PLATTEVILLE: Troy Renken, Town Manager 400 Grand Avenue Platteville, CO 80651 Phone: 970-785-2245 J-2: Chris Leone, President 105 Coronado Court Unit A-101 Fort Collins, Colorado, 80525 Phone: 970_' afy- WELD COUNTY: Dawn Anderson Development Review Manager Weld County Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 400-3736 9. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 10. INDEMNIFICATION: J-2 agrees to indemnify and hold harmless PLATTEVILLE and WELD COUNTY and their officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, Page 3 of 4 Pages expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of J-2, any subcontractor of J-2, or any officer, employee, representative, or agent of J-2. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: '- $;.. '"`3FO It PLATTEVILLE, COLORADO By: Danette Sch I , Town "rk t Arienne Sandoval, Mayor �(. ,.� G. .. ATTEST: -� ..�..�, ��ARD OF COUNTY COMMISSIONERS WELD : + TY Clerk to th ,C'' /) WELD CQUNTY, COLORADO By: Deputy !i erk t+ thScott K. James, Chair MAR 3 0 2022 J-2 CONTRACTING CO., INS;. noer SUBSCRIBED and SWORN to before this 3_ clay of Leone, President, J-2 Contracting Co., Inc. Chris Leone, President NOTARY PUBLIC S TATE OF COLORADO NOTARY ID 20084008717 !AY COMMISSION EXPIRES MARCH 12, y utusslon seal. Page 4 of 4 Pages % _. 2022, by Chris tary Public ,2001 02 -e19O CoPY RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0105, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT MINING (OVERBURDEN, SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - HUNT WATER, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Hunt Water, LLC, 14460 CR 40, Platteville, Colorado 80651, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0105, for a Mineral Resource Development Facility including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Andrew Rodriguez, 323 5th Street, Frederick, Colorado 80530, 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: 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 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 ordinances in effect. 1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Following mining, the reclaimed land use will result in two (2) reservoir basins totaling 64.60+/- surface acres to be utilized for agricultural and/or industrial uses. Cc • PLC 15O / TP). Pw(He)), Ewan, co..C ), Q.PPL, app(. R ow /O3/19 2019-1070 PL2646 SPECIAL REVIEW PERMIT (USR18-0105) - HUNT WATER, LLC PAGE 2 2) Section 22-4-30.B (WA.Goal 2) states: "Strive to maintain and protect water supply storage facilities, conveyances and infrastructure adequate to sustain continued water use" and Section 22-4-30.6.1 (WA.Policy 2.1) states: "Land use regulations should protect the historic and future operational viability of water storage, conveyance and delivery infrastructure when applications for proposed land use changes are considered." Following mining disturbances, the reclaimed land use will result in two (2) reservoir basins totaling 64.6+/- surface acres. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Lands not otherwise occupied will be later developed to the highest possible end use and will likely comprise a mixed use, which may include other agricultural uses, as well as light residential, commercial, or industrial uses. 3) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand and Gravel Resources map, dated July 1, 1975, the property is classified as Upland Deposits having alluvium deposits of gravel, sand, silt and clay. The application materials indicated that this property has limited overburden and that extraction activities will remove aggregate to a mean depth of 39 feet from the natural grade of the surface. 4) Section 22-5-80.D.1 (CM.Policy 4.1) states, in part: "Require all mining operations conform to federal, state and local environmental standards." The extraction of the resource will commence on lands in the north and move in a southerly direction across the site. As stated in the application, there will be dry screened or no processing of materials on this property. Two (2) single-family residences are near the extraction limits, one (1) to the west, and one (1) to the east. Per the applicant's narrative, unless closer distances are agreed to, extraction limits are kept no closer than 125 feet from any residential structure. The applicant proposes to utilize trucked -in water for dust suppression and abatement and will cease operations during high wind events. The applicant also has a State of Colorado Division of Reclamation Mining, and Safety (DRMS), Permit No. M2018-027, conditionally approved on November 28, 2018. B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. 2019-1070 PL2646 SPECIAL REVIEW PERMIT (USR18-0105) - HUNT WATER, LLC PAGE 3 C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The area is comprised of irrigated and non -irrigated agricultural lands. One (1) mile to the north is an oil and gas support and service facility for the storage of pipeline and equipment (USR-1662); approximately one-half (0.5) mile to the west is a wood mulching operation (USR-798). The property is bisected by U.S. Highway 85 and the Union Pacific Railroad main line track. The relatively rural nature of the area and the current and proposed mining operations make this proposed mining operation and reclamation plan compatible with surrounding land uses. The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property Owners. Planning staff received no correspondence from property owners within 500 feet of the parent parcel. There is one (1) residence located west of the proposed mine, west of County Road 25.5. This house is abandoned and posted with a 'No Trespassing' sign. There are thirty-five (35) residences located within one (1) mile of the proposed mine site. The Department of Planning Services has received no correspondence concerning this Land Use application. 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 Towns of Gilcrest, Milliken, and Platteville are within the three (3) mile referral area of the project site. The Town of Gilcrest did not return a referral response indicating a conflict with their interests. The Town of Milliken returned a Notice of Inquiry dated August 15, 2018, indicating they did not want to annex the property at this time, they did not respond to the USR referral request. The Town of Platteville returned a Notice of Inquiry dated August 21, 2018, and followed up with a letter received October 19, 2018, stating "We have reviewed the information submitted regarding the application for a gravel mining operation between CR 25.5 and State Highway 60 and north of CR 36. The site is located within the Town's three (3) mile Area Plan and the Urban Growth Area of the Comprehensive Plan. Specifically, the site is designated as Developing Urban, which means the Town has identified this area for future urban development. The Town is not interested in annexation at this time but supports the gravel mining plant that leaves the area adjacent to State Highway 60 available for future development." The proposed permit area currently consists of irrigated lands under a center pivot and, in general, the surrounding property is primarily irrigated and non -irrigated agricultural lands. E. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposed mine is not located within a regulatory floodplain, a MS4, a Geologic Hazard or Airport Overlay Areas. 2019-1070 PL2646 SPECIAL REVIEW PERMIT (USRi8-0105) — HUNT WATER, LLC PAGE 4 Building Permits issued 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains approximately 74.89 acres of "Prime," agricultural lands and approximately 16.36 acres of "Irrigated Lands, Not Prime," and approximately 47.85 acres of "Other Lands." The Prime and Irrigated Land, Not Prime agricultural lands do not have irrigation water, therefore, no irrigated agricultural land will be taken out of production with this proposal. The land is presently vacant with limited physical improvements. G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open -mining have been addressed through this application and the Development Standards will ensure compliance with Section 23-4-250 Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hunt Water, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0105, for a Mineral Resource Development Facility including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0105. 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) County Road 36 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 2019-1070 PL2646 SPECIAL REVIEW PERMIT (USR18-0105) — HUNT WATER, LLC PAGE 5 5) County Road 25.5 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 6) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 7) The applicant shall show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved Access Permit number, if applicable. 8) The applicant shall show and label the approved tracking control on the site plan. 9) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 10) The applicant shall show and label drainage arrows. 11) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 12) The map shall delineate the parking area for the vendors, customers and/or employees. 13) The applicant shall show and label all recorded easements on the map by book and page number or reception number and date. 14) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of Section 23-3-50.E of the Weld County Code. 2. Prior to Mining: A. The approved access and tracking control shall be constructed prior to on -site construction. 2019-1070 PL2646 SPECIAL REVIEW PERMIT (USR18-0105) — HUNT WATER, LLC PAGE 6 B. 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. C. The applicant shall submit written evidence that the Financial and Performance Warranty has been submitted and accepted by the Division of Reclamation, Mining and Safety. 3. The Special Review 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. 4. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Map prior to recording. The completed map shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred twenty (120) days of approval by the Board of County Commissioners. 5. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WLD COUNTY, COLORADO ATTEST:W. rd .4 Weld County Clerk to the `Board BY: Deputy Clerk t: the Board O D AS T.O- F ounty torney Date of signature: 44/2/19 Barbara Kirkmeyer, air Mike Freeman, P o-Tem Steve Moreno tt K. James .2 67- 2019-1070 PL2646 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HUNT WATER, LLC USR18-0105 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0105, is for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and Materials Processing in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The property owner acknowledges the recommendations contained in the Planning and Environmental Linkages (PEL) study and the Highway 85 Access Management Plan for the U.S. Highway 85 Corridor, specifically precluding any new direct accesses to U.S. Highway 85, and including the eventual closure of access from County Road 36 to U.S. Highway 85. 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. 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. 6. 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. 7. 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. 8. 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. 9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that prevents nuisance conditions. 10. 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 and shall contain hand sanitizers. Portable toilets shall be screened from any existing highways and existing residential properties. 2019-1070 PL2646 DEVELOPMENT STANDARDS (USR18-0105) — HUNT WATER, LLC PAGE 2 11. 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. 12. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation, Mining and Safety. 13. The operation shall comply with the Mine Safety and Health Act (MSHA). 14. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. 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. 17. The access to the site shall be maintained to mitigate any impacts to County Road 36, including damages and/or off -site tracking. 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 19. 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. 20. The historical flow patterns and run-off amounts on the site will be maintained. 21. Weld County is not responsible for the maintenance of on -site drainage related features. 22. 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. 23. Sources of light shall be shielded so that beams or rays of light 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. 24. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light, except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. In the event there is a State of Emergency declared by the Board of Commissioners, the mine may operate. 2019-1070 PL2646 DEVELOPMENT STANDARDS (USR18-0105) — HUNT WATER, LLC PAGE 3 25. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 26. Building Permits issued on the proposed 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. 27. Building permits will 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 Building Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2006 International Energy Conservation Code, and 2017 National Electrical Code. 28. The number of employees associated with the daily operations of mining and processing operations is limited to twelve (12) persons per shift, as stated by the applicant. 29. 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. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 32. The property owner or operator shall be responsible for complying with the Open -Mining Standards of Section 23-4-250, Weld County Code. 33. 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. 34. 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. 35. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall 2019-1070 PL2646 DEVELOPMENT STANDARDS (USR18-0105) — HUNT WATER, LLC PAGE 4 be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review. 36. The property owner or operator shall be responsible for complying with all 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. 37. 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. 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. 38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-1070 PL2646 Cov LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Case Number: USR18-0105 Hearing Date: February 19, 2019 Applicant: Hunt Water, LLC c/o David Hunt, 14450 CR 40, Platteville, CO 80651 c/o Andy Rodriguez, Civil Resources, LLC, 323 51h Street, Frederick, CO 80530 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 36, East and West of State Highway 85 Size of Parcel: 139.2 acres, more or less; 67.1 acres more or less to be mined Parcel Numbers: 1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comment: NNCN0 Town of Platteville referral dated October 9, 2018 State of Colorado Division of Water Resources, referral dated October 12, 2018 Weld County Department of Environmental Health referral dated October 26, 2018 Weld County Department of Public Works, referral dated November 6, 2018 Colorado Department of Transportation, referral dated January 18, 2019 Town of Gilcrest , referral dated January 31, 2019 The Department of Planning Services' staff has received responses from the following agencies without comment: • Weld County Zoning Compliance referral dated October 9, 2018 • Colorado Parks and Wildlife, referral dated October 12, 2018 ® Weld RE -1 Schools, referral darted October 12, 2018 • Weld County Sheriff's Office, referral dated October 31, 2018 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Town of Milliken O Platte Valley Conservation District • Central Weld County Water District • State of Colorado, Department of Reclamation Mining Safety Hunt Water, LLC USR18-0105 Page 1 LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Case Number: USR18-0105 Hearing Date: February 19, 2019 Applicant: Hunt Water, LLC c/o David Hunt, 14450 CR 40, Platteville, CO 80651 c/o Andy Rodriguez, Civil Resources, LLC, 323 5'h Street, Frederick, CO 80530 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 36, East and West of State Highway 85 Size of Parcel: 139.2 acres, more or less; 67.1 acres more or less to be mined Parcel Numbers: 1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053 Narrative: The 139.2 ± acre permit boundary contains three (3) areas of planned extraction totaling 67.1 ± acres. Of the remaining 72.1 ± acres of the permit boundary, 18 ± acres comprise of existing and permanent access roads, operational support/mineral reserve areas, and setbacks or areas of pre-existing, minor, to no disturbance. The remaining lands include 71.10 ± acres associated with oil and gas operations and existing pipeline and utility corridors. The pit will be slurry lined dewatered and dry mined. The initial intent is to mine the topsoil and overburden and cease mining. Should market conditions create demand the mine might go further into the sands gravels and stones aggregate resource. Prior to aggregate mining, the slurry wall leak test will have been performed and the miner will not expose groundwater until the slurry wall has been approved. The proposed mine will be used to support both wet and dry mining operations and stockpiling of processed materials. The aggregate deposit varies in composition, depth and extent. Generally, there is approximately two to four (2-4) feet of overburden with the depth of the sand gravel and stone mineral resource ranging from thirty (30) feet up to forty (40) feet in depth. All mineral product will be transported by a scraper or front end loader to the processing and stockpile areas located adjacent to County Road 27 / State Highway 60 in the northeast quadrant of the property. The mined material will be trucked off site. The number of vehicles access the site daily will not exceed 138 vehicles: four (4) round trips for employees, ten (10) round trips for the truck drivers, up to 120 daily round trips for the gravel trucks. The primary end use post mining and reclamation activities will be the development of water resource reservoirs and will be utilized accordingly. Hunt Water, LLC USR18-0105 Page 2 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Following mining, the reclaimed land use will be two (2) reservoir basins totaling 64.60+/- surface acres to be utilized for agricultural and, or industrial uses. Section 22-4-30.B WA.Goal 2. Strive to maintain and protect water supply storage facilities, conveyances and infrastructure adequate to sustain continued water use, and Section 22-4- 30.B.1 WA.Policy 2.1. Land use regulations should protect the historic and future operational viability of water storage, conveyance and delivery infrastructure when applications for proposed land use changes are considered. Following mining disturbances, the reclaimed land use will result in two (2) reservoir basins totaling 64.6+/- surface acres. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Lands not otherwise occupied will be later developed to the highest possible end use, and will likely comprise a mixed use, which may include other agricultural uses as well as light residential, commercial or industrial uses. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the property is classified as Upland Deposits having alluvium deposits of gravel, sand, silt and clay. The application materials indicated that this property has limited overburden and that extraction activities will remove aggregate to a mean depth of 39 -feet from the natural grade of the surface. Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface and subsurface mining activities on the surrounding land, land uses, roads and highways." The Department of Public Works is requiring an Improvements and Road Maintenance Agreement for road maintenance and future improvement triggers. The agreement will detail the approved haul route(s), outline when off - site improvements will be triggered, and include a maintenance agreement for the haul routes Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." The extraction of the resource will commence on lands in the north and move in a southerly direction across the site. As stated in the application there will be dry screened or no materials processing of materials on this property. Two single family residences are in close proximity, one to the west and one to the east of the extraction limits. Per the applicant's narrative, unless closer distances are agreed to, extraction limits are kept no closer than 125 feet from any residential structure. The applicant proposes to utilized trucked in water for dust suppression and abatement and will cease operations during high wind events. The applicant also has a State of Colorado Division of Reclamation, Mining and Safety, Division/DRMS, Permit No. M2018-027, conditionally approved on November 28, 2018. B. Section 23-2-220.A.2 — The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Hunt Water, LLC USR18-0105 Page 3 Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The area is comprised of irrigated and non -irrigated agricultural lands. One mile to the north is an oil and gas support and service facility for the storage of pipeline and equipment (USR-1662); approximately one-half mile to the west is a wood mulching operation (USR-798). Within the permit boundary is USR-975 for a veterinary clinic that, as a condition of approval will be vacated. The property is bisected by State Highway 85 and the Union Pacific Railroad main line track. The relatively rural nature of the area and the current and proposed mining operations make this proposed mining operation and reclamation plan compatible with surrounding land uses. The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property Owners. Planning staff received no correspondence from property owners within 500 feet of the parent parcel. There is one residence located west of the proposed mine, wet of County Road 25.5. This house is abandoned and posted with a No Trespassing sign. There are thirty-five (35) residences located within one mile of the proposed mine site. The Department of Planning Services has received no telephone calls or correspondence concerning this land use application. 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 Towns of Gilcrest, Milliken and Platteville are within the three-mile referral area of the project site. The Town of Gilcrest did not return a referral response indicating a conflict with their interests. The Town of Milliken returned the Notice of Inquiry Form dated August 15, 2018 indicating that the Planning Commission did not want to annex the property at this time, and the Town did not respond to the USR referral request. The Town of Platteville returned the Notice of Inquiry Form dated August 21, 2018 and followed up with a letter received October 19, 2018, stating "We have reviewed the information submitted regarding the application for a gravel mining operation between WCR 25.5 and SH 60 and north of WCR 36. The site is located within the Town's Three Mile Area Plan and the Urban Growth Area of the Comprehensive Plan. Specifically, the site is designated as Developing Urban which means the Town has identified this area for future urban development. The Town is not interested in annexation at this time, but, supports the gravel mining plant that leaves the area adjacent to SH 60 available for future development." The proposed permit area currently consists of irrigated lands under a center pivot and in general the surrounding property is primarily irrigated and non -irrigated agricultural lands. Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposed mine is not located within a regulatory floodplain, a MS4, a Geologic Hazard and Airport Overlay Areas. Building Permits issued will be required to adhere to the fee structure of the County -wide Road Impact; the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) F. Section 23-2-2.20.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains approximately 74,89 acre of "Prime" agricultural lands and approximately 16.36 acres of Irrigated Hunt Water, LLC USR18-0105 Page 4 Lands Not Prime and approximately 47.85 acres of "Other Lands'. The Prime and Irrigated Land, Not Prime agricultural lands do not have irrigation water, therefore, no irrigated agricultural land will be taken out of production with this proposal. The land is presently vacant with limited physical improvements. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open -mining has been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 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 Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall vacate USR-975 for a Veterinary clinic, as it is located within the permit boundary of the proposed gravel mine. B. 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. (Department of Public Works) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0105. (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. County Road 36 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 25.5 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 6. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) Hunt Water, LLC USR18-0105 Page 5 7. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 8. Show and label the approved tracking control on the site plan. (Department of Public Works) 9. 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 Public Works) 10. All signs shall be shown on the map and 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) 11. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 12. Show and label all recorded easements on the map by book and page number or reception number and date. 13. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code. 2. Prior to Mining: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base. (Department of Public Works) B. 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. (Department of Public Works) C. The applicant shall submit written evidence that the Financial and Performance warranty has been submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning Services) 3. The Special Review activity shall not occur nor shall any building permits be issued on the property until the Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 4. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Map prior to recording. The completed map shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred twenty (120) days of approval by the Board of County Commissioners. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat 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 added for each additional three (3) month period. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hunt Water, LLC Hunt Water, LLC USR18-0105 Page 6 USR18-0105 1. A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District, as indicated in the application materials on file and 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. 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) 4. 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) 5. 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. (Department of Public Health and Environment) 6. 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) 7. 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) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that prevents nuisance conditions. (Department of Public Health and Environment) 10. 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 and shall contain hand sanitizers. (Department of Public Health and Environment) 11. If applicable, the operation shall obtain a stomiwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 12. 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) 13. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 14. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and Hunt Water, LLC USR18-0105 Page 7 the Weld County Code. (Department of Public Health and Environment) 16. 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 Public Works) 17. 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 Public Works) 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 19. 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 Public Works) 20. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 21. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. (Department of Public Works) 22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 24. 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) 25. Sources of light shall be shielded so that beams or rays of light 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) 26. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 27. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program. (Department of Planning Services) 29. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Residential Code, 2018 International Building Code, 2018 International Mechanical Code, 2018 International Plumbing Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code, 2006 International Hunt Water, LLC USR18-0105 Page 8 Energy Conservation Code, and 2017 National Electrical Code. (Department of Building Inspection) 30. The number of employees associated with the daily operations of mining and processing operations is limited to 12 persons per shift, as stated by the applicant (Department of Planning Services) 31. 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) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 34. The property owner or operator shall be responsible for complying with the open -mining standards of Section 23-4-250, Weld County Code. 35. 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. (Department of Planning Services) 36. The 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. 37. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (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. (Department of Planning Services) 39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. Hunt Water, LLC USR18-0105 Page 9 40. 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 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. Hunt Water, LLC USR18-0105 Page 10 January 9, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@co.weid.co.us PHONE: (970) 400-3549 FAX: (970) 304-6498 RODRIGUEZ ANDY 323 5TH STREET PO BOX 680 FREDERICK, CO 80530 Subject: USR18-0105 - A Site Specific Development Plan and Use by Special Review Permit for a mineral resource development including open pit mining (overburden, sands, and gravel), and materials processing in the A (Agricultural) Zone District On parcels) of land described as: PT SE4 SECTION 6, T3N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 27, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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 www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Kim O Planner October 08, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 ANDY RODRIGUEZ CIVIL RESOURCES LLC 323 5TH STREET PO BOX 680 FREDERICK, CO 80530 Subject: USR18-0105 - A Site Specific Development Plan and Use by Special Review Permit for a mineral resource development including open pit mining (overburden, sands, and gravel), and materials processing in the A (Agricultural) Zone District On parcel(s) of land described as: PT SE4 SECTION 6 T3N R66W EXC LOT A & B REC EXEMPT RE -3994 ALSO LOT A REC EXEMPT RE -1639 (1.16R 22RR) of the 6th P.M., Weld County, Colorado. PT SE4 SECTION 6 T3N R66W LOTA REC EXEMPT RE -1639 of the 6th P.M., Weld County, Colorado. PT SE4 SECTION 6 T3N R66W LOT B CORR REC EXEMPT RE -3994 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Milliken at Phone Number 970-587-4331 Platteville at Phone Number 970-785-2245 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Alk__QattAkea, Diana Aungst Planner FIELD CHECK - USR18-0105 Inspection Date: January 14, 2019 Applicant: Hunt Water, LLC do David Hunt, 14450 CR 40, Platteville, CO 80651 do Andy Rodriguez, Civil Resources, LLC, 323 51h Street, Frederick, CO 80530 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and stone) and materials processing in the A (Agricultural) Zone District. Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: Size of Parcel: Parcel Numbers: North of and adjacent to County Road 36, East and West of State Highway 85 139.2 acres, more or less; 67.1 acres more or less to be mined 1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053 Zoning Land Use N AGRICULTURE N Production agriculture E AGRICULTURE E Production agriculture with rural residence S AGRICULTURE S Production agriculture W AGRICULTURE W Production agriculture with abandoned rural residence at 17287 CR 25.5 Comments: The property is bisected by State Highway 85 and the Union Pacific Railroad Mainline Track. The west property area has oil and gas encumbrances and tank batteries adjacent to County Road 25.5. There is a center pivot with cattle grazing on the land at time of visit. A new recently graded water pond is located to the northwest of the property and is built up a good six feet from grade. Adjacent to the north property line is a field access road that appears to provide access to County Road 27/ State Highway 60. A single family farm house with outbuildings is present and located in the northeast quadrant of the west half of the property. There is a single family residence with outbuildings adjacent to County Road 25.5 and west of the project site. This structure is abandoned with a posted No Trespassing sign and is overgrown in plant material, primarily grasses. County Road 36, 25.5 are gravel all-weather roads and County Road 27 is a paved road adjacent to site. The property to the east of the Highway is posted with a sign identifying the property as having a DRMS permit. Access is off of CR 36 approximately 375 feet to the east of the Railroad track crossing. The access road has a full width cattle guard with approximately 40 feet of cobble rock before turning into compacted agricultural lands. A double panel swing pipe gate restricts access to the property. There is an irrigation ditch with water flowing adjacent to the north of CR 36. A water supply and diversion box with pond is located in the southeast quadrant of the property. The entire site has been regraded to form an approximate ten foot in depth with 3:1 sidewalls dry storage area. There is a large pile of topsoil adjacent to the County Road running the length of the property. County Road 36 east of the railroad mainline is an all weather road. The grade of the road slopes to the east and at the rail crossing has a substantial slope to the west. There is a stop sign planted on each side of the tracks. View looking West on County Road 36 toward Hwy 85 View looking east onto Access road, planted sign for Hunt Water LLC and mined topsoil ju�iijuiuiuiuu��iu��iiijiiuiiiiiuilouiijuuiimllllulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII View looking north on mined and regraded area. Mined material stockpile is adjacent to left of photo Signature ❑ Access to Property — Agricultural access with limited gravels or cobbles ❑ Site Distance, good visibility generally ❑ Oil & Gas Structures on adjacent property ❑ Topography, generally no slope on this site Note any commercial business/commercial vehicles that are operating from the site. Contract Form New Contract Request Entity Information Entity Name* J2 CONTRACTING Entity ID* dO00©3232 Contract Name* AGREEMENT FOR TEMPORARY HAUL ROUTE J-2 CONTRACTING CO INC. USR1 8-0105 Contract Status CTB REVIEW ❑ New Entity? Contract ID 5705 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email it' ujiliomartinez weldgov.c one Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT FOR TEMPORARY HAUL ROUTEJ-2 CONTRACTING CO INC. USR18-0105 NO COLLATERAL NEEDED Contract Description 2 Contract Type* AGREEMENT Amount* S0.00 Renewable* NO Grant partment PLANNING Department Email CM-Planning@weldgovcom Department Head Email CM-Planning- DeptHead weldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYgWELDG OV.COM Requested BOCC Agenda Date* 03'30/2022 Due Date 03 26 2022 Will a work session with ROCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note_ the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 03'3012023 Termination Notice Period Committed Delivery Date Expiration Date 03(3012024 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOM PARK° JR. DH Approved Date 03?28x2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03,`30; 2022 Originator JTRUJILLOMARTINEZ Contact Type Finance Approver CHERYL PATTELLI Contact Phone 1 Purchasing Approved Date Finance Approved Date 03;28/2022 Tyler Ref AG 033022 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 03;'29,/2022 Hello