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Home My WebLink About20210235.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Elijah Hatch, 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 APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION: USR 19-0057 BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND WELD LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS (SAND MINING. PROCESSING OF MINED SAND AND ACCESSORY ACTIVITIES ASSOCIATED WITH THE SAND MINING AND PROCESSING OPERATION) IN THE A (AGRICULTURAL) ZONED DISTRICT. SW4 OF SECTION 2; E2 AND W2 OF SECTION 3, SW4. PART OF THE W2SE4, E2SE4 NW4 AND NE4 OF SECTION 10; ALL OF SECTION 11, AND PART OF THE N2 OF SECTION 14. ALL WITHIN T3N, R61W OF THE 6T" P.M . WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 91, NORTH OF AND ADJACENT TO INTERSTATE 76 AND 2 MILES SOUTH OF STATE HIGHWAY 34. be recommended favorably to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. 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 ordinances in effect. Section 22-2-10.D states: "Extraction of natural resources is an important part of the economy of the County. Such extraction operations should minimize the impacts to agricultural lands and agricultural operations. The mining area is located on land delineated as "other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The area is not in agricultural production and the proposed mining operation will be reclaimed back to rangeland after mining has ceased. 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 Wind -Deposited sand dunes including sands ranging from coarse gravelly stream sands to fine-grained wind -deposited sand dunes. 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 dust control and damage repair to specified haul routes. Immediate off -site improvements include paving County Road 91 from the facility entrance to Highway 34 and a southbound turn lane at the facility entrance. 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 Colorado Mined Land Reclamation Board approved the 112c application for this proposed miner RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP, C/O BLACK MOUNTAIN SAND WELD LLC PAGE 2 (file No. M-2018-051) on November 13, 2019. Section 22-5-80.E.1 (CM.Policy 5.1) of the Weld County Code states: "Consider the potentially adverse environmental effects of completed mining operations." The application indicates that the mined area will be reclaimed back to its existing condition (rangeland) upon completion of mining. 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.S of the Weld County Code provides for a Site -Specific Development Plan and Special Review Permit for Open Mining and Processing of Minerals (Sand Mining, Processing of Mined Sand and Accessory Activities associated with the Sand Mining and Processing Operation including a sand wash processing plant, a 3 -lane truck loadout area, office building, maintenance and warehouse building, a fueling station and ready line, check -in booths and truck hatch opening and closing stations) 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 proposed mining area is located within a rural rangeland area. The proposed mining area does not overlap any existing USRs. There is limited oil and gas production within the boundaries of the USR. Notice was sent to nine (9) property owners located within 500 -feet from the boundaries of the proposed mining USR. No phone calls and/or correspondence has been received from surrounding property owners about this case. 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 USR site is not located within a 3 -mile referral area, Urban Growth Boundary of a municipality or Regional Urbanization Area. 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, MS4 area. a Geologic Hazard Area or Airport Overlay Area. 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_ 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 property to be mined contains approximately 1.796 acres delineated as "Other Lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP C/O BLACK MOUNTAIN SAND WELD LLC PAGE 3 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 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. Immediate off -site improvements include paving County Road 91 from the facility entrance to Highway 34, and a southbound left turn lane at the facility entrance. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their electronic mail referral dated 1/2/2020 Written evidence of such shall be provided to the Department of Planning Services. (CDOT) D. The applicant shall address the requirements of Southeast Weld Fire District as stated in their electronic mail referral dated 9/10/2019. Written evidence of such shall be provided to the Department of Planning Services. (Southeast Weld Fire District) E. The applicant shall address the requirements of the Colorado Division of Water Resources as stated in their referral dated 9/16/2019. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Water Resources) F. The applicant shall attempt to address the requirements of the Bijou Irrigation District as stated in the letter dated 10/24/2019 by Vranesh and Raisch. LLP on behalf of the Bijou Irrigation Company. Written evidence of such shall be provided to the Department of Planning Services. (Bijou Irrigation District) G. The applicant shall submit an executed ditch cross agreement or other adequate form of documentation authorizing the crossing of the ditch(es) maintained by the Bijou Irrigation Company. (Department of Planning Services) H. The applicant shall address the requirements of Colorado Parks and Wildlife as stated in their referral dated 10/21/2019. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Parks and Wildlife) A Communications Plan shall be submitted to the Department of Planning Services. The Communications Plan shall address ongoing communication processes with area property owners. (Department of Planning Services) J. An updated Lighting Plan shall be submitted to the Department of Planning Services for review and approval. Details (cut-offs) of the proposed lighting fixtures shall be delineated. (Department of Planning Services) K. The applicant shall develop an updated Noise Mitigation Plan for review and acceptance by the Department of Planning Services. The plan shall include noise modeling data demonstrating that the mining facility will adhere to the Industrial Noise Standard. (Department of Planning Services) L. The map shall be amended to delineate the following: All sheets of the map shall be labeled USR19-0057. (Department of Planning Services) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY. LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 4 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 91 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 24 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 24 Section Line Right -Of - Way, not County maintained... All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 6. County Road 26 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 26 Section Line Right -Of - Way. not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 7. County Road 93 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 93 Section Line Right -Of - Way. not County maintained.'. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 8. 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) 9. 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) 10. Show and label the approved tracking control on the site plan. (Department of Public Works) 11. 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) 12. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention. No -Build or Storage Area' and shall include the calculated volume. (Department of Public Works) 13. Show and label the drainage flow arrows. (Department of Public Works) 14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) 15. The applicants shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY. LP, C/O BLACK MOUNTAIN SAND WELD LLC PAGE 5 16. 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) 17. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 18. Show and label all recorded easements on the map 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 23-3-50.E of the Weld County Code. (Department of Planning Services) 2. Prior to Mining: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed parking lots. laydown yards. etc.. a Weld County grading permit will be required. (Department of Public Works) for construction of non -gravel items, such as structures. 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. (Department of Planning Services) 3. Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. Immediate off -site improvements include paving County Road 91 from the facility entrance to Highway 34, and a southbound left turn lane at the facility entrance. (Department of Public Works) B 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) 4. 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) 5. 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) 6. 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. (Department of Planning Services) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 6 Motion seconded by Gene Stille. VOTE: For Passage Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent 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 21. 2020. Dated the 21St of January. 2020 45\ibEvib Kristine Ranslem Secretary RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Black Mountain Land Company, LP USR19-0057 A Site Specific Development Plan and Special Review Permit, USR19-0057. for Open Mining and Processing of Minerals (Sand Mining.. Processing of Mined Sand and Accessory Activities associated with the Sand Mining and Processing Operation including a sand wash processing plant, a 3 -lane truck loadout area, office building. maintenance and warehouse building, a fueling station and ready line, check -in booths and truck hatch opening and closing stations) 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 and the accepted Waste Handling Plan. (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 and the accepted Dust Abatement Plan. (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. The facility shall operate in accordance with the accepted Noise Report (Department of Public Health and Environment) and Nuisance Plan. 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. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 11. 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 residences within easement and high -volume roads in consultation with the Department of Public Works. (Department of Public Health and Environment) 12. 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. (Department of Public Health and Environment) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP C/O BLACK MOUNTAIN SAND WELD LLC PAGE 8 13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code. pertaining to On -Site Wastewater Treatment System Systems. (Department of Public Health and Environment) 14. Any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day) shall comply with the Underground Injection Control (UIC) Class V Injection Well requirements of the Environmental Protection Agency (EPA). (Department of Public Health and Environment) 15. In the event the septic system requires a design capacity of 2,000 gallons or more of sewage per day the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment. Water Quality Control Division's (WQCD) Regulations. (Department of Public Health and Environment) 16. 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) 17. 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) 18. 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) 19. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 20. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 21. 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) 22. 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) 23. 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) 24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 25. 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) 26. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 27. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates (Department of Public Works) 28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 9 30. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 31. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services) 32. The approved Communications Plan shall be maintained. (Department of Planning Services) 33. The approved Lighting Plan shall be maintained. (Department of Planning Services) 34. 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) 35. 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) 36. Hours of Operation for the mining operation are 7 days a week, 24 hours a day as approved by the Board of County Commissioners. 37. 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) 38. 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) 39. 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 Energy Conservation Code. and 2017 National Electrical Code. (Department of Building Inspection) 40. 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) 41. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 42. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 43. The property owner or operator shall be responsible for complying with the Open -Mining Policies (Operations policies and Reclamation Policies as delineated Sections 23-4-290 and 23-4-300 of the Weld County Code. 44. 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) RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY. LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 10 45. 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. 46. 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) 47. 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) 48. 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. 49. 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 RESOLUTION USR19-0057 BLACK MOUNTAIN LAND COMPANY. LP. C/O BLACK MOUNTAIN SAND WELD LLC PAGE 11 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 PC n CotAtes SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 21, 2020 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair.. Michael Wailes. at 12:30 pm. Roll Call. Present: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light, Department of Health; Mike McRoberts, Public Works: Bob Choate, County Attorney, and Kris Ranslem. Secretary. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR19-0057 BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND WELD LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS (SAND MINING. PROCESSING OF MINED SAND AND ACCESSORY ACTIVITIES ASSOCIATED WITH THE SAND MINING AND PROCESSING OPERATION) IN THE A (AGRICULTURAL) ZONED DISTRICT. SW4 OF SECTION 2; E2 AND W2 OF SECTION 3 SW4, PART OF THE W2SE4, E2SE4 NW4 AND NE4 OF SECTION 10; ALL OF SECTION 11; AND PART OF THE N2 OF SECTION 14 ALL WITHIN T3N R61W OF THE 6T" P M WELD COUNTY. COLORADO. EAST OF AND ADJACENT TO CR 91. NORTH OF AND ADJACENT TO INTERSTATE 76 AND 2 MILES SOUTH OF STATE HIGHWAY 34. Chris Gathman, Planning Services. presented Case USR19-0057, reading the recommendation and comments into the record. The applicant is proposing to utilize irrigation wells that it owns to supply water for the mining operation. The applicant is in the process of changing the wells mining use. Mr. Gathman noted that there were objections regarding the amount of water available. however, the one objector reviewed it using a different formula that the Groundwater Commission uses to specifically calculate the amount of water that can be utilized. The applicant provided a response indicating that even if the formula that the objector utilized is accepted, the amount of water available for the mining operation will be more than sufficient Mr. Gathman also noted that there were two (2) other objections referring to water quality and wells proposed for oil and gas use. These other objections did not pertain to the water quantity for the use. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light suggested adding a Dust Abatement Plan and Waste Handling Plan into the Development Standards. She added that there will be fuel storage on site which will require permitting through the State, therefore she suggested adding a Development Standard addressing compliance with the State Above Ground and Below Ground Tank Storage Regulations. Additionally, noise is restricted to the industrial level and the applicant did submit a Noise Report and a Nuisance Plan that indicated there would be some noise reduction from mining below grade and they will be locating some of those topsoil piles to act as a berm. She recommended adding the adherence to that Noise and Nuisance Plan to the Resolution as well. 1 Brittany Schamaun, 500 Main Street. Fort Worth, Texas. stated that they are proposing a frac sand facility in east Weld County. They will be adding around 155 employees long term. She said that in -basin sand is the new thing and saving oil and gas operators hundreds of thousands of dollars per well versus having the frac sand come in from Wisconsin and using rail to bring it in. Ms. Schamaun stated that they will be using water recycling through the processing facility and implementing a groundwater monitoring program, even though it is a dry mine. Roughly 1800 acres will be mined through the 35 -year life span. Ms. Schamaun stated that they will doing concurrent reclamation. She added that there will be a 200 -foot buffer between the mining operation and property line so they will not be mining adjacent to any property owners. Ms. Schamaun stated that with regard to the ditch crossing they still have some engineering work to do and will continue to work with Bijou Irrigation District to get an agreement in place. She added that she has talked to the landowners that own land where they will need to straighten out a portion of the road and indicated that the landowners are happy to provide them with right-of-way and willing to work them on an agreement She said that the landowners have requested to keep the current bridge in place, if possible. Kira Coff, 1011 Murray Holiday Road. Salt Lake City. Utah, reviewed best management practices for the mining operation which included storm water controls. noise analysis, lighting plan. dust abatement, and concurrent reclamation. Pete Kowalewski. 11663 Zephyr Way. South Jordan. Utah, spoke about water quality and monitoring. The applicant is developing a baseline program to assess water levels and water quality. They have installed nine (9) monitoring wells surrounding the perimeter of the mining site and they are currently reviewing the results of the water quality testing done in December 2019. The monitoring wells will stay during operations and be sampled on a regular basis to ensure that any of the activities are not impacting water. Mr. Kowalewski stated that there were concerns of impact to the Empire Reservoir. He added that all activity will be above the water table and should not have any impacts to Empire Reservoir. They will assess water activity and ensure that there will be no exposure of groundwater and minimize any potential impacts. Ms. Schamaun said that they will continue to be conducting community outreach. They have held meetings with all surrounding property owners and anyone who has interest in this project. Commissioner Johnson said that he is concerned with mining closer to the water table and any storm water coming off of vehicles that will be leeching into the aquifers. He added that in his experience when sand gets wet, he is concerned that two feet may not be enough to support the equipment. Commissioner Hatch said sand is currently coming out of the Wisconsin area and asked if this facility is the first of its kind in our area. Ms. Schamaun said that there is a pilot project operating in Guttersen Ranch and added that they are currently going through the USR permit process for a much larger project like this. Mr. Hatch asked if this facility is successful if they will see more of these. Ms. Schamaun said that she doesn't think there will be any more facilities like this. Commissioner Holland asked what the concern is regarding the groundwater. Ms. Schamaun said that they have listened to local concerns and implemented groundwater monitoring to put them at ease that their operations will not affect their groundwater. Commissioner Holland asked if this is a dirty and noisy operation. Ms. Schamaun said that it does produce noise. but it will be confined and added that the 200 -foot buffer will minimize noise concerns The Chair asked if there was anyone in the audience who wished to speak for or against this application. Stuart Corbridge. Vranesh and Raisch. LLP, 5303 Spine Road, Boulder Colorado, stated that he is representing the Bijou Irrigation Company and Bijou Irrigation District and filed a comment letter with the Planning Department in October 2019. The company and the district operate a water delivery system from the South Platte River to feed two (2) very large canals (Empire and Bijou Canals) with water storage and delivery to between 19,000-24,000 acres of farmland. 2 Mr. Corbridge said that they are concerned with reclamation over the 35 -year period and whether the plan will adequately manage soil and dust. Additionally, they have concerns with air quality, noise pollution and night-time impacts. Mr. Corbridge said that it is not entirely clear to them what the plan is for septic and they have raised concerns early on about potential leeching into the sands of this area that is fairly close to Empire Reservoir. He added that they would like more information to see how that works and ensure there will be no problems. Mr. Corbridge said that there are plans for modifications to County Road 91 and the bridge that crosses the Empire Inland Canal and they are concerned if the bridge will be able to hold the estimated 300 truck trips Mr. Corbridge also expressed concerns with the ditch road intersection safety at the point the ditch roads intersect with County Road 91 Additionally. Mr Corbridge said that Bijou Irrigation Company and Bijou Irrigation District would like to be included in the Communications Plan and the Emergency Action Plan. Commissioner Stille asked if the bridge over the ditch on County Road 91 is owned by Weld County. Mr. Corbridge said that it is currently owned by Weld County and asked if there is a replacement bridge if it will still be owned by Weld County. Dawn Anderson, Public Works, clarified that it will be included in the Road Maintenance Agreement and will require roadway designs. The applicant will be required to put the bridge in and straighten the road at the curve and then it will go back to county maintenance after construction. Commissioner Hatch asked Mr. Corbridge to elaborate on the concern of dust and dirt blowing into the reservoir more than just the natural occurrence even without the mine there. Ms. Corbridge said that he understands that currently the ground is covered with shallow ground cover and with the sand it is hard to get reclaimed with vegetation. He added that they are concerned with the sediment over the lake that over time will take away the storage capacity as well as the recreational uses on the lake. In regard to reclamation and getting vegetation in place. Ms. Schamaun said that they are testing out to see what seed mix works best and are working through that process now. She said that construction of this facility will be eight to twelve months and they still need to get their Air Permit approved so there is some time to drill down on some specifics and maybe by the time they start reclamation they will have a seed mix that they will know will grow. Angy Casamento. 5575 DTC Parkway, Denver, Colorado said that they have met with Weld County and discussed the right-of-way with straightening out the hair pin turn. She added that the existing bridge that Weld County updated last year meets the requirements of load ratings for these trucks. In regard to the access routes to the canal, Ms. Casamento said that they have looked at those to see if they need to stop at a stop sign. however, when they are realigning the roadway to get rid of that hair pin curve they will be eliminating the site distance issues. So even though the road will be traveled more with the trucks. there will not be any geometric constraints to impair their sight. The Chair asked Staff for any changes to the Resolution Mr. McRoberts requested to amend Condition of Approval 2.B to read "If more than one (1) acre is to be disturbed for construction of non -gravel items, such as structures, parking lots. laydown yards. etc.. a Weld County grading permit will be required". Motion: Amend Condition 2.B as requested by Staff, Moved by Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously. Ms. Light requested amending Development Standard 5 to add "and the accepted Waste Handling Plan" to the end of the sentence. Ms. Light requested amending Development Standard 6 to add "and the accepted Dust Abatement Plan" to the end of the sentence. Ms. Light requested amending Development Standard 8 to add a new sentence at the end to state "The facility shall operate in accordance with the accepted Noise Report and Nuisance Plan". 3 Additionally. she requested amending Development Standard 10 to delete "within one-half mile of the pipeline easement". Ms. Light requested adding a new Development Standard 10 to state "The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations". Motion: Amend Development Standard 5, 6, 8, 10 and add a new Development Standard 10 and renumber accordingly. as requested by Staff. Moved by Gene Stille. Seconded by Elijah Hatch. Motion carried unanimously. Ms. Gathman said that with Ms. Light's changes, he recommended removing Development Standard 30 as it will not be necessary. Motion: Delete Development Standard 30, Moved by Bruce Johnson, Seconded by Gene Stille. 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 replied that they are in agreement. Motion: Forward Case USR19-0057 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 Elijah Hatch. Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford. Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 3:30 pm. Respectfully submitted. 4jM6 u-- 414161.ftlieu Kristine Ranslem Secretary 4 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL J oe 123 Nowhere Street City, State, Zip lww c2- 2 9N b will el- C / L 74 Ili (7,cff l✓ mat C (b 6/00 { a/mai<4 nbeet iCro �— A1Q_-' ya, ,d _, 1. -s T _ ::441,1>)�Q� `�� e ig.Lik, �- 133 3 w i2 -,.� � IA-7',� � 2113 CV '�� ;'=33 *5pt l �� eRd Cr a kA -ca r C a7 tra 3 0 ( <tic {0 ugay.) . 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