HomeMy WebLinkAbout20211102.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene
Stille, 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: USR21-0003
APPLICANT: STATE OF COLORADO, C/O KIEWIT INFRASTRUCTURE COMPANY
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING OF
MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT (KIEWIT CARR MINE).
LEGAL DESCRIPTION: ALL OF SECTION 36, T11 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 1 MILE NORTH OF CR 120; APPROXIMATELY 1 MILE EAST
OF CR 21.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1.
-- The proposed use is
consistent with
Chapter 22 [Weld County
Comprehensive Plan]
and any other applicable
code provisions
or ordinance in effect.
Section 22-2-60.B. states: " Support responsible energy and mineral development."
Weld County recognizes that mineral resource extraction is both a right and an essential
industry that supports the regional economy. Such extraction operations should minimize the
impacts to agricultural lands and agricultural operations. The proposed mine will not
materially impact agricultural lands or operations, as the property is not irrigated or
cultivated. The existing open rangeland associated with the surface estate of the property to
be mined is underlain with a known viable sand and gravel deposit. According to the Weld
County Sand and Gravel Resources map dated July 1, 1975, the property contains stream -
terrace deposits, preserved as benches flanking present stream courses, in this case, along
the Lone Tree Creek. The resource deposits in this area are classified as coarse aggregates,
with the potential for quality gravel. This area has also been identified by the applicant to
contain the desired material that will support the construction industry in Northern Colorado
and region.
With the completion of mining, all processing equipment will be removed, slopes will be
graded, the area will be re -seeded with native grass mix and the site will be reclaimed as
rangeland, thereby restoring the property to historic use. Additionally, the rural nature of the
area and existing surrounding rangeland and industrial uses make the proposed mining
operation and concurrent reclamation plan compatible with surrounding area.
This site will also be operated in mandatory compliance with the Colorado Division of Mining,
Reclamation and Safety, which also ensures responsible mineral development. The
Colorado Mined Land Reclamation Board approved the construction materials regular
operation mine 112c application for this proposed mine (permit number M-2020-029) on
September 3, 2020. Financial warranty has been set for this operation and must be
submitted prior to issuance of the DRMS permit and commencement of mining, in addition to
recording the USR map.
B. Section 23-2-220.A.2. --The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 2
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the County. the A (Agricultural) Zone District is intended to provide areas for the
conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without
the interference of other, incompatible land uses." This code section allows the applicant to
apply for a Use by Special Review permit for the subject mine, which is directly related to
natural resource extraction and is more intense than Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code states, "Open Mining
and processing of minerals, subject to the additional requirements of Article IV, Division 4, of
this Chapter." This code section allows the applicant to apply for the open pit mine and
processing facility. All the components of the USR will support this request.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands are zoned A (Agricultural) and consist of rangeland, vacant land,
industrial facilities and railroad. The townsite of Carr is approximately 1.5 miles to the
northwest of the mine. The closest residence is approximately 5,300 feet to the southeast
from the proposed mine perimeter.
The proposed mining area does not overlap with any other existing Use by Special Review
permits. USR1 3-0065 for the Niobrara Crude Terminal Rail Transloading Facility is located
directly west and south of the site, with the built portion of this facility located west of the
proposed mine.
The Weld County Department of Planning Services sent notice to four (4) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received. The applicant has Structure Agreements with three (3) of these four (4)
surrounding property owners.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of this Code or master plans of affected
municipalities.
This
site
is
not
located
within
the three (3) mile referral
radius of any municipality or County.
The
site
is
not
located
within
a Coordinated Planning
Agreement (CPA) boundary.
E. Section 23-2-220.A.5 --That the application complies with Articles V and Cl of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area
identified by maps officially adopted by the county.
The proposed mine is not located within a regulatory floodplain, Municipal Separate Storm
Sewer System (005) area, Greeley -Weld County Airport Overlay District, Geologic Hazard
Overlay District or Historic Townsite Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.6
--
The applicant has
demonstrated a diligent effort to conserve prime
agricultural
land in the
locational decision
for the proposed use.
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 3
The site is located on soils designated as "Farmland of Statewide Importance" and "Prime
Farmland if Irrigated". However, the property is not irrigated and the proposed USR will not
remove any irrigated or cultivated agricultural land from production. Following mining,
concurrent reclamation of the property will return the property to the pre -mining condition,
being rangeland. The future land use will be for cattle grazing. Topsoil and overburden from
the first cell to be opened will be stockpiled for use at final reclamation. Topsoil and
overburden stripped from the next active cell will be used to reclaim the previously mined
cell. Water storage is not part of the Reclamation Plan and there will be no underground
mine openings or slurry walls.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Colorado Division of Water Resources, Colorado Public Health and Environment, Weld
County Public Health and Environment, Weld County Public Works, Weld County Oil and
Gas Energy Department, Weld County Office of Emergency Management and West Greeley
Conservation District referrals provide additional background and advisory information
regarding designing and operating the site to protect with the interests of the County, public
and other governmental agencies. Additionally, the accepted Noise Report, Reclamation
Plan, Lighting Plan, Sign Plan, Landscape and Screening Plan, Dust Abatement Plan, Waste
Handling Plan and pending Communication Plan and Emergency Action Plan will assist in
mitigating impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
H. Section 23-4-260 -- Additional requirements for open mining have been addressed through
this application and mining -specific Development Standards will ensure compliance with
Section 23-4-290 and Section 23-4-300 of the Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE PLANNING COMMISSION RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE
FOLLOWING:
1. Prior to recording the map:
A. The applicant shall submit a Communication Plan for review and acceptance by the Department
of Planning Services. (Department of Planning Services)
C. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location (i.e. County Road 126, County Road 120). This Agreement includes A road maintenance
to includes, buts not be limited to, dust control and damage repair to specified haul routes and to
include triggered off -site improvements. The Abreewest
shall isclsbe provisions addressing
impro„omen+w (Department of Public Works)
D. The applicant shall
submit a recorded copy
of any agreement signed by
all
of the owners of the
property crossed by
the access roadways.
The access roadways shall
be
for ingress, egress,
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 4
utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's
Reception number. (Department of Public Works)
t
rr.rtr.
ran rs:�:es��rirsr�n:�■
_ - _
- _
t TI -
iv
..
.
•
_
_.
_. ._.
. ..
..
.._.
.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0003. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-270 of the Weld
County Code. (Department of Planning Services)
4) Show and label the boundary of the DBMS permit with a heavy line type. Notate the acreage
included within the DBMS permit boundary. (Department of Planning Services)
5) Show and label the anticipated structures, processing areas, equipment, site layout,
equipment, fuel tanks and any temporary construction trailers. A detailed drawing of primary
processing areas) shall be included. (Department of Planning Services)
6) Show and label any outdoor storage area, accessory to the mining operation. (Department of
Planning Services)
7) Show and label the location of the employee and visitor parking areas and loading zones
including scales. Refer to Section 23-2-240.A.6. and Chapter 23, Article IV, Division 1 of the
Weld County Code. (Department of Planning Services)
8) Show and label the location of any buffering, screening, fencing and gates, including
buffering distances from the Lone Tree Creek and Cultural Resource Protection Areas.
Include specification details on the USR map. Refer to Section 23-2-240.A.10. of the Weld
County Code (Department of Planning Services)
9) Show and label the location of the emergency and site identification signage. Include
specification details on the USR map. Refer to Section 23-2-240.A.12, Chapter 23, Article IV,
Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code. Signs shall
adhere to the Weld County unless otherwise permitted by this USR. (Department of Planning
Services)
10) Show and label the location of the trash collection areas. Include specification details on the
USR map. Refer to Section 23-2-240.A.13. of the Weld County Code. (Department of
Planning Services)
11) Show and label any stationary lighting. Portable lighting locations are not required to be
identified. All lighting shall be downcast and shielded so that light rays will not shine directly
onto adjacent properties. Include specification details on the USR map. Refer to Section 23-
2-250.S. of the Weld County Code. (Department of Planning Services)
12) Show and label the setback radiuses for existing oil and gas tank batteries and wellheads, if
applicable. Setback requirements are located in Section 23-3-70.E. of the Weld County
Code. (Department of Planning Services)
13) Show and
label all recorded
easements and rights -of -way on
the map by
book and page
number
or
reception
number
and
recording
date.
(Department
of
Planning
Services)
14) County Road 126 is a paved road and is designated on the Weld County Functional
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 5
Classification Map as a collector road which requires 80 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 Na measured from the edge of right-of-way. This road is
maintained by Weld County. (Department of Public Works)
15) County Road 120 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)
16) Show and label the approved access locations, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain access permits in the approved
locations prior to construction. (Department of Public Works)
17) Show and label the approved tracking control on the site plan. (Department of Public Works)
18) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the gate
to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
19) Show and
label a
30 -foot
minimum access
and utility easement to provide legal access to
the
parcel
on the
site
plan.
(Department
of
Public
Works)
20) Show and label the drainage flow arrows. (Department of Public Works)
21) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) 01 100 map for preliminary approval 10 100 Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not Na 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)
4. Prior to Construction:
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 for construction outside of the gravel mining area, a
Weld County grading permit will be required. (Department of Public Works)
5. Prior to Operation and Mining:
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 6
A. The applicant shall submit written evidence that the Financial and Performance warranty has
been submitted and accepted by the Division of Reclamation Mining and Safety. The resultant
DBMS permit shall be submitted. (Department of Planning Services)
B. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the Nunn Fire Protection 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 Weld County Department of Planning
Services. (Office of Emergency Management)
C. If applicable, accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation. (Department of Public Works)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Dwaine Barclay.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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, Michelle Wall, 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 April 6, 2021.
Dated the 6th of April, 2021
Michelle Wall
Secretary
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
State of Colorado, State Board of Land Commissioners
Kiewit Infrastructure Company
ERRS f -DONE
1. A Site Specific Development Plan and Use by Special Review Permit for open mining (sand and
gravel) and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, known as the Kiewit Carr Mine, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Open mining and processing of minerals may operate twenty-four (24) hours per day, without
restriction per Board of County Commissioners approval. The facility may operate seven (7) days per
week, year-round. (Department of Planning Services)
4. The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies. (Department of Planning Services)
5. The mine shall remain in compliance with the approved Division of Reclamation, Mining and Safety
112c permit, number M-2020-029. (Department of Planning Services)
6. Expansion of mining areas shall require an amendment to the Use by Special Review permit and a
Technical Revision to the Division of Reclamation, Mining and Safety 112c permit. (Department of
Planning Services)
7. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as
determined by Weld County staff, require an amendment to this USR permit. (Department of
Planning Services)
8. The parking and storage areas for mine equipment, vendors and employees on the site shall be
maintained. (Department of Planning Services)
9. The operator shall maintain compliance with the accepted Sign Plan. All signs shall adhere to Section
23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
10. The operator shall maintain compliance with the accepted Decommissioning Plan. (Department of
Planning Services)
11. The operator shall maintain compliance with the accepted Communication Plan. (Department of
Planning Services)
12. The operator shall maintain compliance with the accepted Lighting Plan. Nighttime lighting shall be
oriented 90 degrees to the ground plane. (Department of Planning Services)
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 8
14. 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 of the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
15. 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)
16. 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)
17. 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)
18. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Department of Public Health and Environment)
19. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Departmentof Public
Health and Environment, as applicable. (Department of Public Health and Environment)
20. 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
modeling report. (Department of Public Health and Environment)
21. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
22. 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)
23. 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)
24. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights -of -way. (Department of Public
Health and Environment)
25. 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)
26. 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)
RESOLUTION USR21-0003
STATE OF COLORADO, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 9
27. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
28. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
29. 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)
30. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. 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)
33. 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)
34. 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)
35. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
36. 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)
37. The Property Owner shall comply with all requirements provided in the executed Improvements/Road
Maintenance Agreement. (Department of Public Works)
38. The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Department of Public Works)
39. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
40. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
41. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International Building
Codes; 2006 International Energy Conservation Code; 2017 National Electrical Code. (Department of
Building Inspection)
42. 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.
43. 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
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 10
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 01 100
Department of Planning Services.
44. The property owner or operator shall be responsible for complying with all 01 100 foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation 01 100 Permit by the Board of County Commissioners.
45. Chapter 23, Article II, Section 23-2-290.A. states: "Construction or use pursuant to approval of a Use
by Special Review Permit shall be commenced within three (3) years from the date of approval,
unless otherwise specified by the Board of County Commissioners when issuing the original Permit,
or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner."
46. Chapter 23, Article II, Section 23-2-290.8. states: "A Use by Special Review shall terminate when the
use is discontinued for a period of three (3) consecutive years, the use of the land changes or the
time period established by the Board of County Commissioners through the approval process
expires. The landowner may notify the Department of Planning Services of a termination of the use,
or Planning Services staff may observe that the use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified written
notice to the landowner asking that the landowner request to vacate the Use by Special Review
Permit."
47. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special Review
has terminated but the landowner does not agree to request to vacate the Use by Special Review
Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. 11 100 Board
of County Commissioners determines that the Use by Special Review has terminated and no good
cause has been shown for continuing the permit, then the termination becomes final and the Use by
Special Review Permit is vacated."
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 01 100 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 01 1110 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.
RESOLUTION USR21-0003
STATE OF COLORADO, CIO KIEWIT INFRASTRUCTURE COMPANY
PAGE 11
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.
EXHIBIT
OOf
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 6, 2021
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,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Gene Stifle, Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Dwaine Barclay, Sam Gluck,
Butch White, Troy Mellon.
Also
Present: Michael Hall,
Department
of Planning Services; Lauren
Light, Department of Health; Melissa
King,
Department of Public
Works; Bob
Choate, County Attorney, and
Michelle Wall, Secretary.
Motion: Approve the March 16, 2021 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Lonnie Ford. Motion passed unanimously.
CASE NUMBER: USR21-0003
APPLICANT: STATE OF COLORADO, C/O KIEWIT INFRASTRUCTURE COMPANY
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING OF
MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT (KIEWIT CARR MINE).
LEGAL DESCRIPTION: ALL OF SECTION 36, T11 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 1 MILE NORTH OF CR 120; APPROXIMATELY 1 MILE EAST
OF CR 21.
Michael Hall, Planning Services, presented Case USR21-0003, reading the recommendation and comments
into the record. The applicant has Structure Agreements with three of the four surrounding property owners.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Mellon asked if there is a pipeline running east to west through the property. Staff responded
that he is not aware of a pipeline on the property. Mr. Hall said that if there was recorded title work for a
pipeline, it would be shown on the USR map. Staff explained that a use by right pipeline or a private pipeline
easement corridor would not be required to be permitted by the Planning Department.
The Chair asked staff if the average depth should be approximately 12 feet below the existing surface once
completed. Staff responded that it is about 12 1/2 feet below the existing surface grade. Commissioner
Holland asked if that would be the final reclaimed grade. Staff said the applicant may be leaving them as
depressed pits with a 3 to 1 slope. The Chair asked if it will be returned to rangeland. Staff replied that it
would. Commissioner Hatch asked if the mining would have any effect on the ecosystem. Mr. Hall said
nothing was identified in the application that would affect the ecosystem.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Staff said that it is recommended that Condition of Approval 1.B. be deleted and that changes be
made to Condition of Approval 1.C.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Stille asked Mr. Hall if there have been any other cases that are in Weld County, but on
State land. Mr. Hall replied that there have been several cases before where the State of Colorado is the
lessor.
Steve
Ceresa, Kiewit Infrastructure Company,
5807 Pelican Shores Court,
Longmont,
Colorado and Jared
Dains,
Applegate Group
Inc, 1490
West 12151
Avenue,
Denver, Colorado,
came up to
the podium.
Mr. Dains explained that as the consultant for Kiewit Infrastructure, they helped assist them with the
application process of the USR with Weld County and the DRMS permit with the State of Colorado.
Mr. Dains said that Kiewit plans to mine 13 cells that are 33 to 49 acres each. They will mine 540 acres
and 500,000 tons per year. Kiewit plans to operate 24/7 and expects that each cell will take approximately
one year to mine. Mr. Dains explained that reclamation will take approximately 6 months per cell after the
cell is mined out and will be continuous throughout the operation. He said overburden is about 2 feet below
surface grade and the target sand and gravel deposit is approximately 12 feet below surface grade.
Geological hazards are anticipated to be low and the depth to groundwater is below gravel deposit. Mr.
Dains said that there is a 300 -foot buffer around Lone Tree Creek. There are cultural resource protection
area buffers as well. He said that all mining areas will drain internally. Stormwater will seep naturally into
the ground. The mine will have no effect on listed proposed protected species and there are no critical
habitats within the mining area. Mr. Dains said they will operate in accordance with the industrial noise
standards.
Commissioner Ford asked if LG Everest operates 24/7. Mr. Hall said he does not think they operate at
night. Commissioner Ford asked the applicant if they have considered how the night-time truck traffic may
affect the residents in the Town of Carr. Mr. Dains said they have considered truck traffic. Outgoing traffic
will head east to Highway 85 and incoming traffic will come in from 1-25 doing a right hand turn. He said
they would be willing to use different routes if there are any concerns. Mr. Ceresa said the majority of the
time will be spent crushing and sorting rather than trucking. Mr. Ceresa also expressed they will be sensitive
to the residents in that area.
Commissioner Stille asked the applicant if they have had any discussion on the effect this operation could
have on the Tarryall Aquifer. Mr. Dains replied that he wasn't familiar with the Tarryall Aquifer unless it is
the Tarryall Creek in South Park. Mr. Dains said in terms of the anticipated impacts to the groundwater
table, they plan to always be 2 feet above groundwater. The only water use at the site is going to be non -
potable water that is hauled into the site. He anticipates very little impact on the deconfined aquifer on this
site. Mr. Ceresa explained that any precipitation on the site ends up where it would have gone historically.
The Chair asked Mr. Ceresa if there was an extreme storm event, would it shut down the operation. Mr.
Ceresa responded that is could potentially shut mining down, but they would try to work ahead of the event
and try to keep the water in the bigger cells.
Commissioner Holland asked the applicant if the Lone Tree Creek has water in it year round. Mr. Ceresa
replied that it does. Commissioner Holland asked Mr. Ceresa if there is any defined FEMA floodplain
information on this creek. Mr. Ceresa said there is not, it is a non -defined floodplain map. Mr. Ceresa
explained there is a 300 foot buffer from the creek in order to protect the creek and the environmental
aspects of the area. Mr. Dains said their operations are outside of the floodplain area.
Commissioner Cope asked the applicant how they identified the cultural activities in the area. Mr. Ceresa
explained that they had an environmental research report done and they had previous knowledge from the
previous lessee that there were cultural resources on the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Public Works recommended that Condition of Approval 1.B. be deleted because the access points are
established and just need to be permitted.
Public Works would like to change Condition of Approval 1.C. to read "An Improvements and Road
Maintenance Agreement is required for off -site improvements at this location (i.e. County Road 126, County
Road 120). This Agreement includes road maintenance to include but not limited to, dust control and
damage repair to specified haul routes and to include triggered off -site improvements."
Public Works recommended that Condition of Approval 1.E. be deleted as the traffic impact statement was
accepted on March 26, 2021.
Motion: Amend Condition of Approval 1.C. and delete Conditions of Approval 1.6. and 1.E. as
recommended by staff. Moved by Troy Mellon, Seconded by Sam Gluck. Motion passed 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.
Commissioner Holland asked staff if Planning looks into the 404 permits when you look at some of these
proposals. Mr. Hall explained that there is no flood hazard development permit and there is not a review
by Weld County Planning Floodplain Administration because the floodplain is in an unmapped area. Staff
said they sent a referral to the United States Army Corps of Engineers regarding this case, and they did not
receive any comments back. Mr. Hall said that the Development Standards cover that when the applicant
starts operating. They have to maintain compliance with any local, state, and federal regulations.
Motion: Forward Case USR21-0003 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 Gene Stille, Seconded by Dwaine Barclay.
Commissioner Cope stated that he is concerned about the potential night-time traffic through Carr. He
suggested that the night-time truck traffic use the south access.
Commissioner Stille mentioned that Carr is a railroad town. He said he thinks they already deal with a lot
of noise from the railroad and existing truck traffic. Commissioner Stille said he shares concern but doesn't
think this case will have much of an impact on the town.
Commissioner Cope asked staff if the Town of Carr had made any referral comments. Staff explained that
the Carr Townsite is beyond the 500 foot buffer radius for the surrounding property owner notification. Mr.
Hall said SPO notices were sent out to LG Everest, Lazy Two Ranch, Lazy D and a property owner to the
south of the site. These properties are mainly large isolated lots. Staff posted signs regarding case
information two weeks before this hearing. Signs were posted on County Road 120 and County Road 126.
Residents can call the Planning Department if they have any comments regarding the case, but no calls or
correspondence were received. Commissioner Cope asked if Carr is unincorporated. Staff said that is
correct.
Commissioner Stille expressed concern with the Waters of the United States Act and how the Lone Tree
Creek could be affected.
Commissioner Holland mentioned that based on politics with water, he just hopes the County is covered
on this issue. He thinks there could be concerns with the 404 permit process.
Staff explained that Condition of Approval 1.A. states that the applicant shall submit a Communication Plan
to the Planning Department. The applicant will need to communicate and notify the community residents
about their mining activities.
Commission Ford said that he is also concerned about the night-time truck traffic noise. He thinks the traffic
should also be rerouted to avoid traffic through town.
The Chair called for the vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:30 pm.
Respectfully submitted,
Michelle Wall
Secretary
P
ATTENDANCE RECORD
ZoJ/
NAME - PLEASE PRINT LEGIBLY
ADDRESS
FMAOL
John Doe
123 Nowhere Street, City, State, zip
p {
go- �
`f
�4fI L.
l&o t, i j [to [.a &wbl
N s CGk
0
Hello