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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
3MUSR21-95-1075
R.M. Hiner Construction CO., Inc., 11 Austin Road, Lamar, CO 81052
Mike Bare, Post Office Box 1182, Parker, CO 80134
Hearing Date: September 1, 2021
A Site Specific Development Plan and Third Amended Use by Special Review Permit,
USR-1075, for open pit mining and materials processing (sand, gravel, and stone), an
asphalt and concrete batch plant, an oil and gas support and service facility, pipeline
and roust -a -bout and a private commercial recreational facility (water skiing lake and
primitive campsite for water skiing members) to add one additional 4800 SF Commercial
building for maintenance and storage of pipeline materials and equipment, to add an
additional 25 parking spaces for RV storage near Camp Lake, to add 12 camping spots
around Camp Lake, to allow overnight camping along the South Lake, and to allow
camping in the floodplain, outside of subdivision and historic townsites in the A
(Agricultural) Zone District
W2NE4 and the E2NE4 of Section 36, T6N, R66W, Lot B of RE -1807 and a portion of
the NW4 of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 64 ("O" Street) and east of and adjacent to N.
25th Avenue
+/- 4.9 acres
+/- 112.84 acres
+/- 0.45 acres
+/- 49.1 acres
Total: +/- 167.29 acres
Parcel Nos. 0803-31-2-00-006
0803-31-2-00-009
0805-36-1-00-008
0805-36-1-00-009
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies with
comment:
City of Greeley, referral dated July 14, 2021
Weld County Department of Public Works, referral dated July 13, 2021
Weld County Department of Public Works — MS4, referral dated July 13, 2021
Weld County Office of Emergency Management, referral dated June 29, 2021
Weld County Department of Planning Services — Floodplain Administrator, referral dated July 21, 2021
Weld County Department of Public Health and Environment, referral dated July 12, 2021 and July 26,
2021
3MUSR21-95-1075
Page 1 of 18
The Department of Planning Services' staff has received responses from the following agencies without
comment
Greeley Fire Department, referral dated July 2, 2021
▪ Colorado Parks and Wildlife, referral dated July 11, 2021
▪ Weld County Sheriff's Office, referral dated June 29, 2021
▪ Weld County Zoning Compliance, referral dated June 29, 2021
▪ State of Colorado, Division of Water Resources, referral dated July 14, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V
Extraction Oil and Gas, Inc.
North Weld County Water District
Weld County School District RE -6
Weld County Ambulance Services
Mining Safety and Health Administration
Weld County Department of Building Inspection
State of Colorado Division of Reclamation Mining and Safety
3MUSR21-95-1075
Page 2 of 18
Narrative:
The original Special Use Permit, USR-1075, was approved by the Board of County Commissioners on April
12, 1995 for a concrete and asphalt batch plant, an oil field construction business and a recreational facility
[six (6) primitive campsites for Recreational Vehicles, two (2) floating docks, one (1) boat ramp, one (1)
shade structure and one (1) storage shed] in the Agricultural Zone District with all improvements located
north of the 100 year floodplain as delineated on the USR map prepared by KLH Engineering Group of
Greeley, Colorado on May 9, 1995. The USR map was recorded September 27, 1995, reception #2457193.
The first amendment to the original USR permit, AmUSR-1075 was approved by the Board of County
Commissioners on May 25, 2011 for an asphalt and concrete batch plant, an oil field business (roust -a-
bout) and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing
members). This first amendment increased the current number of recreational camping sites from six (6)
to thirty-eight (38). The precise number of floating boat docks was not specifically addressed, although the
lake had (21) primitive campsites shown all located outside of the Cache la Poudre River Floodplain. The
AmUSR map was recorded August 23, 2017, reception #4329727.
The second amendment addressed a change to the hours of operation. Development Standard No. 44 of
AmUSR-1075 was changed to allow the water skiers on site from April 15 to October 14 of any given year.
This second amendment 2MUSR19-95-1075 map was recorded July 29, 2020, reception #4614332.
This third amendment proposes to add one additional 4800 SF Commercial building for maintenance and
of pipeline materials and equipment, to add an additional 25 parking spaces for RV storage near Camp
Lake, to add 12 camping spots around Camp Lake (for a total of 38), to allow overnight camping along the
South Lake, and to allow camping in the floodplain, the applicant has requested changes to the
"Development Notes" and some of the Development Standards. Staff is recommending that the
"Development Notes" be included as the Development Standards.
The Department of Planning Services' Director approves this application for the following reasons:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area
and be in harmony with the neighborhood.
The use of the property is similar to what has been on the property since 1995 with more camping
spots. This amendment requests to add a new 4,800 square foot building just recently built, the
number of RV campers will increase by twelve (12) camping spots and the campers will be allowed
to camp in the floodplain for 180 days per calendar year. Since 1995 there has been storage on
the property of one kind or another. Some of this storage was RV storage. This amendment will
ensure that the RV storage will be outside of the floodplain.
2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-2-60.B. states, "Support responsible energy and mineral development."
The site is located in the Cache la Poudre floodplain and has been an ongoing operation for mineral
resource development, oil and gas support and service, and a recreation facility since April 12,
1995. The site is currently under a Department of Reclamation, Mining and Safety (DRMS) permit
number M1977-151 (Greeley Pit), for the mining of sand, gravel, and stones. No changes are
proposed to the current DRMS Permit. The DRMS did not respond with any referral agency
comments.
3. The proposed change(s) will not result in a substantial adverse impact on the other properties in
the vicinity of the subject property.
The surrounding properties are residential, commercial, and industrial. North Weld County
Business Park within the City of Greeley is located north of the site. Weld County Public Works is
located east of the site. The Cache la Poudre River, Bucklen Equipment Company, and Weld
County Public Works Department are all located south of the site. Espanola Subdivision and
Bucklen Equipment Company are located west of the site.
3MUSR21-95-1075
Page 3 of 18
The Weld County Department of Planning Services sent notice to fifty-seven (57) surrounding
property owners within 500 -feet of the proposed USR boundary. No responses were received. The
closest residences are in the Espanola subdivision approximately 80 (eighty) feet west the western
parcel. The western parcel is primarily where the oil and gas support and service facility is located.
The residences are about 780 feet from the oil and gas support and service facility and about 1,900
feet from the RV campground.
4. The recommendations of the referral agencies have been considered.
The attached Conditions of Approval and Development Standards address the requirements of the
referral agencies.
5. Not deemed to be a major change.
This item is being brought before the Board of County Commissioners due to the number of
changes to the Development Standards. The Pre -Application case number is PRE20-0142.
6. Must be consistent with the original development standards.
The Development Standards included in this application have changed and more have been added
due to moving the "Development Notes" under Development Standards. There has been some
clarifying language added to some of the Development standards but the primary change to the
Development Standards is to allow camping in the floodplain. The Development Standard language
has been updated to reflect current codes.
This third amendment proposes to add one additional 4800 SF Commercial building for
maintenance and of pipeline materials and equipment, to add an additional 25 parking spaces for
RV storage near Camp Lake, to add 12 camping spots around Camp Lake (which would total 38
camping spots), to allow overnight camping along the South Lake, and to allow camping in the
floodplain, the applicant has requested changes to the "Development Notes" and some of the
Development Standards. Staff is recommending that the "Development Notes" be moved under the
Development Standards.
Proposed changes to the Development Standards and the "Development Notes"
"Development Note" Changes:
These "Development Notes" were added to the AM USR map that was recorded in 2017. Currently
the "Development Notes" are not Development Standards (DS) but staff is recommending that they
be moved under Development Standards for clarification.
#
Current verbiage
Proposed changes (in bold)
Staff
Recommendation
1
North Lake typical site layout:
75'x100'-125'
North and Camp Lakes
typical site layout: 75'-
125'x30'-100'
Accept (DS #25)
2
South Lake Camping area typical site
layout: 75'x30'
South Lake Camping are
typical site layout: 75'x20'-30'
Accept (DS #25)
3
The site shall have an all-weather
access road 12' wide minimum. This
road shall be kept open for use by
emergency vehicles at all times.
Keep — No change
(DS #26)
4
Water ski season: April 15 to October
14.
Already included in the
Development Standards.
Keep (DS #63)
5
Hunting season: October 15 to
February 15
Already included in the
Development Standards.
Keep (DS #64)
3MUSR21-95-1075
Page 4 of 18
#
Current verbiage
Proposed changes (in bold)
Staff
Recommendation
6
Hunting blinds shall be stored outside
the 100 -year floodplain during the
water ski season.
Keep — add "or when
not in use." (DS #27)
7
No Equipment or vehicles may
impede the South Lake access road
at any time.
Keep — No change
(DS #28)
8
Portable toilets in phase 1 are
existing.
Each lake will have
between three (3) to four (4)
portable toilets and one (1)
trash container during the
water ski season and will
be removed during the off-
season.
Accept — add "All
portable toilets and
trash containers shall
be located outside of
the
floodplain/floodway."
(DS #29)
9
Portable toilets can only be on -site for
6 months.
Keep — No change
(DS #30)
10
No campers, recreational vehicles,
tents or campsites shall be allowed in
the 100 -year floodplain during non-
daylight hours.
Campers, recreational
vehicles, boats and trailers
will be allowed in the
campsites in the 100 -year
floodplain during non -
daylight hours with proper
anchoring in place.
Accept -- add "so long
as they are constantly
manned."
(DS #31)
11
Vehicle parking around the South
Lake is allowable during daylight
hours only.
Delete this one.
Accept deletion
12
Boats may be tied to securely
anchored docks overnight.
Keep — change "may"
to "shall"
(DS #32)
13
No motorized boating shall be allowed
between sunset and dawn.
Keep — No change
(DS #33)
14
Portable boat docks must be
anchored per an engineered design.
A Flood Hazard Development Permit
must be obtained from Weld County
prior to installation of boat docks.
Keep — No change
(DS #34)
15
No maintenance on boats will be
allowed on this property.
Keep — No change
(DS #35)
16
No more than 12 people will be
allowed at each site.
No more than 14 people will
be allowed at each site.
Do not accept change.
Keep as originally
written with the addition
of the word "camp"
before "site".
(DS #36)
17
No more than 3 guest vehicles will be
allowed at each site.
No more than 8 units for
each campsite. A unit
consist of the member's
camper/RV, trailer, boat,
and guest vehicles.
Do not accept change.
Keep as originally
written with the addition
of the word "camp"
before "site".
(DS #37)
18
Non-member boats are not allowed
on the lakes.
Keep — No change
(DS #38)
19
Over -head lighting is not allowed.
Keep — No change
(DS #39)
20
Future development occurring within
the floodplain shall be in compliance
Keep — Added in with
DS #49
3MUSR21-95-1075
Page 5 of 18
#
Current verbiage
Proposed changes (in bold)
Staff
Recommendation
with the floodplain codes in effect at
that time and must obtain the
appropriate Flood Hazard
Development Permits.
21
Prior to vacation of the mining permit
by the Colorado Division of
Reclamation, Mining and Safety,
Letter of Map Revision shall be
approved by FEMA showing the
impact that the mining operations has
had on the floodplain boundaries,
floodway boundaries, and water
surface elevations.
Already included in the
Development Standards
Keep DS #51
22
Vehicles of any type may not be
washed on -site.
Keep — No change
(DS #40)
The applicant is requesting that the third (3rd) lake on the site known as Camp Lake be added
to note #1 and that the campsites be increased in size for all the lakes under notes #1 and #2.
Staff is recommending that the increase in the campsites size as shown under Notes #1 and
#2 be incorporated into the Development Standards (DS #25).
Note #8 refers to the portable toilets in phase 1. Since this is unclear as to what Phase 1 is/was
and how many portable toilets existed back in 1995, this is more of a clarification. Additionally,
the toilets and the trash containers shall be located outside of the 100 -year floodplain. (DS #29)
Concerning notes #10 and #11 the current floodplain regulations allow for RV camping in the
floodplain for up to 180 days therefore staff is recommending that these two notes be changed
(DS #31). Additionally, due to the fact that this was originally approved in 1995 as primitive
camping for a limited number of campsites staff is recommending that notes #16 and #17
remain as written with no increase to the number of people or the number of vehicles per
campsite (DS #36 and #37).
Development Standard changes:
A. The applicant is proposing to keep the RV campers at the camping site (typically in the
floodplain) all year round. The request affects Development Standards (DS) #32, #48 and
#50 which state:
DS #32 (now incorporated in DS #49): Future development, occurring within the floodplain
shall be in compliance with the floodplain codes in effect at that time. Future Development
activities located within the FEMA-mapped floodplain shall obtain the appropriate Flood
Hazard Development Permits.
DS #48 (now DS #69): All boats, campers, and similar recreation equipment, owned by
members and guests of the Hiner Lakes Recreational Club, shall be removed from
premises or stored in an approved, screened on -site storage area at end of each season.
DS #50 (now DS #71): Outdoor storage shall be restricted to the area delineated on the
approved AmUSR-1075 Plat.
Staff is recommending that these three (3) Development Standards remain with only minor
changes for clarification purposes. Additionally, staff is recommending that the RV campers
only be at the campsites from April 15 to October 14 as previously approved and that all
other times of the year the RV campers be kept in the designated storage area outside of
the floodplain. Staff is recommending that all other equipment like boats and trailers be
removed from the site. Additionally, all buildings are required to have an approved
floodplain permit.
3MUSR21-95-1075
Page 6 of 18
B. The applicant is proposing to change the Development Standards that state that there shall
be no campsites or overnight parking located in the FEMA-mapped 100 -year floodplain.
This request affects DS #26 and #27 which read:
DS #26 There shall be no campsites or overnight parking located in the FEMA-mapped
100 -year floodplain, or in the floodway, due to the hazardous nature of the floodplain and
the potential loss of life.
DS #27 There shall be no campsites or overnight parking located between the Cache la
Poudre River and the Lakes, unless the applicant provides proof of acceptance by FEMA
of a Letter of Map Revision (LOMR) showing the areas are located outside of the 100 -year
floodplain.
Per Section 23-11-380 — Specific standards for floodplain with Base Flood Elevations
(Zones Al -A30, AH, AO, and AE)
23-11-380.D. Per 44 CFR 60.3(c), recreational vehicles placed on sites within the
floodplain shall:
1. Be on site for fewer than one hundred eighty (180) consecutive days and be fully
licensed and properly equipped for highway usage; or
2. Shall meet the elevation and anchoring requirements for manufactured homes.
A recreational vehicle is properly equipped for highway usage if it is on its wheels or
jacking system, is attached to the site only by quick disconnect utilities and security
devices and has no permanently attached additions.
Due to this code section staff is recommending that DS #27 be removed, and that DS
#26 be changed to state:
New DS #26 (now DS #42): Campsites may be located in the FEMA-mapped 100 -year
floodplain but not the floodway from April 15 to October 14 of any given year.
C. The applicant is proposing that the storage be located near the South Lake boat ramp,
near the boat ramp on the North Lake, in the southwest corner, and along the fence line of
the property that is directly west of the west end of the North Lake. This request affects
DS #52 which states:
DS #52 Any storage, on the site, shall be located outside of the floodway and 100 -year
floodplain, or be securely anchored and adequately flood proofed, in accordance with the
FEMA and Weld County Flood Hazard Overlay District Regulations.
Staff is recommending that DS #52 be changed to:
New DS #52 (now DS #73): Recreational vehicle storage, on the site, shall be located in
designated areas outside of the floodway and floodplain. These areas shall be private
storage areas and shall only store the RVs for the members of the Hiner Lakes
Recreational Club.
There are certain areas of the site that are located outside of the 100 -year floodplain that
may be utilized for storage of the RVs. These areas shall be clearly marked and labeled
on the MUSR map as storage for RVs. The areas that the construction and mining
operation utilize for storage shall also be clearly shown and labeled. These areas for the
construction and mining operations are partially located in the floodplain but not in the
floodway.
D. The applicant is proposing to change Development Standard DS #55. The changes
requested are:
3MUSR21-95-1075
Page 7 of 18
Under the first sentence: Change the first sentence to read North, South, and Camp Lake
campsites.
Under item b.: Add "and Member's Guest RVs and Members with a Split Memberships
RV."
Under item e.: "should have Patio after Deck."
Currently DS #55 (now DS #77) states: All approved North lake campsites are restricted
to the following:
a) Passenger vehicle parking for campsite lessees and their guests
b) One Recreational Vehicle (RV), Camper or Tent
c) One inboard motorboat with trailer for same
d) One enclosed storage shed will be permitted through the Department of Building
Inspection
e) One deck will be permitted through the Department of Building Inspection
f) One horseshoe pit
g) One fire pit with stacked firewood
h) One boat dock, permitted through the Department of Building Inspection, having
an approved FHDP
i) One boat storage cover will be permitted through the Department of Building
Inspection.
j) One shade cover will be permitted through the Department of Building Inspection
as applicable.
For clarification staff is recommending that the first sentence be changed to read: "All
approved North, South, and Camp Lake campsites are restricted to the following:"
However, since no permanent structures are to be located in the floodplain staff is
recommending that the word "patio" not be added under item b). but that the size of the
deck be added. Additionally, staff is recommending that the remainder of DS #55 (now DS
#77) remain unchanged as there is limited space on each campsite and there should not
be any split memberships.
E. The applicant is proposing to change DS #56 to read "North Lake, South Lake, and Camp
Lake"
The current language for DS #56 (now DS #78) states: All approved South Lake campsites
are restricted to the lease hold areas, and their equipment, vehicles, and associated
transient improvements shall not impede the existing vehicle access to the internal site,
including access to the ongoing mining and materials processing (sand, gravel, and stone),
asphalt and concrete batch plant, the oil field construction business, and the recreational
facility, all which operate from this single point of ingress and egress.
This change is more of a clarification, so staff is recommending that it be incorporated.
F. The applicant is proposing to add electrical service to each lake for each campsite. DS #1
states, in part, that this is a "water-skiing lake and primitive campsite for water skiing
members."
Because this is primitive camping and primarily in the floodplain staff is recommending that
no electrical service be provided to the campsites.
G. The applicant is proposing to move the entrance to the previous entrance behind the Weld
County Planning Building at the northeast corner of the property.
The Department of Public Works in the referral dated July 22, 2021 has stated that the
current access points shall continue to be used. These access points are located off of N.
23rd Avenue and N. 16th Avenue.
H. The applicant is proposing to increase the size of the deck and patio from 10'x20'to 30'x50'.
3MUSR21-95-1075
Page 8 of 18
Staff is recommending that the deck size remain at 10'x20'.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the MUSR Map:
A. N. 23rd Avenue and N. 16th Avenue is under the jurisdiction of the City of Greeley. Please contact
the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
accesses on the site plan and label with the approved access permit number if applicable.
(Department of Public Works)
B. Show and label a 30 -foot minimum access and utility easement to provide legal emergency access
to the parcel from N. 16th Avenue on the site plan. (Department of Public Works)
C. Show and label the drainage flow arrows. (Department of Public Works)
D. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
E. The applicant shall attempt to address the requirements of the City of Greeley, as stated in the
referral response dated July 14, 2021. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated June 29, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 3MUSR21-95-1075. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The location of all oil and gas facilities shall be shown on the map in addition to their setbacks.
(Department of Planning Services)
5. Show and label the areas for mining storage, construction storage, and RV and boat storage.
(Department of Planning Services)
6. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
7. N. 23rd Avenue and N. 16th Avenue are under the jurisdiction of the City of Greeley. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the
approved accesses on the site plan and label with the approved access permit number if
applicable. (Department of Public Works)
8. Show and label a 30 -foot minimum access and utility easement to provide legal emergency
access to the parcel from N. 16th Avenue on the site plan. (Department of Public Works)
9. Show and label the drainage flow arrows. (Department of Public Works)
3MUSR21-95-1075
Page 9 of 18
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
11. Add the following signature blocks:
a) APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS
This is to certify that the Board of County Commissioners, Weld County Colorado, does
hereby accept and approve the Minor Amendment to the Use by Special Review as shown
and described hereon this day of , 2021.
Witness my hand and the corporate seal of Weld County
this day of , 2021
Chair, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board Date
b) PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor Amendment of the
Site Specific Development Plan and Use by Special Review Standards as described
hereon this day of , 2021.
R.M. Hiner Construction, Inc., R.M. Hiner Construction, Inc.,
President: Rex Hiner Secretary/Treasurer: Sharon A. Hiner
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. 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 sixty (60) days from the date the administrative review was
signed. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not
be recorded within the required sixty (60) days from the date the administrative review was signed a
$50.00 recording continuance charge shall added for each additional 3 -month period.
4. The Minor Amended 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 Minor Amended 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.
5. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
B. Any construction on the site shall require a building permit. (Department of Planning Services)
3MUSR21-95-1075
Page 10 of 18
C. 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)
3MUSR21-95-1075
Page 11 of 18
SITE SPECIFIC DEVELOPMENT PLAN
USR BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
R.M. Hiner Construction, Inc., do Mike Bare
3MUSR21-95-1075
1. A Site Specific Development Plan and Third Amended Use by Special Review Permit, USR-1075, for
open pit mining and materials processing (sand gravel and stone), an asphalt and concrete batch plant,
an oil and gas support and service facility, pipeline and roust -a -bout and a private commercial
recreational facility (water skiing lake and primitive campsite for water skiing members) to add one
additional 4800 SF Commercial building for maintenance and of pipeline materials and equipment, to
add an additional 25 parking spaces for RV storage near Camp Lake, to add 12 camping spots around
Camp Lake, to allow overnight camping along the South Lake, and to allow camping in the floodplain,
outside of subdivision and historic townsites in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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.
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, Section 30-20-100.5. C.R.S.
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, of the Weld County Code. The facility shall adhere to the approved
Waste Handling Plan.
6. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles, in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
7. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in 25-12-103 C.R.S.
9. Any On -site Wastewater Treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems.
10. For patrons using the site, portable toilets are acceptable. 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, shall contain hand sanitizers. Portable toilets shall and be screened from existing
adjacent residential property and public view.
11. Recreational vehicle (RV) units that have self-contained sewage disposal, shall dispose of sewage at
an approved off -site facility.
12. A Permanent, adequate water supply shall be provided for drinking and sanitary purposes for
employees to access and permanent residences.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes if the
watersports and camping operations exceed six months of use in a calendar year.
3MUSR21-95-1075
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14. The applicant shall remove, handle and stockpile overburden, soil, sand, and gravel from the facility
area, in a manner that will prevent nuisance conditions.
15. 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.
16. The facility shall be operated in a manner to prevent odors. Odors detected off of the site shall not equal
or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented, at the request of
the Weld County Department of Public Health and Environment, in the event odor levels detected off
the site of the facility meet, or exceed, the level of a fifteen -to -one dilution threshold, or in the judgment
of the Weld County Health officer; there exists an odor condition requiring abatement.
17. Any work on this project site that requires the discharge of dredged or fill material, or any excavation
associated with a dredged or fill project, either temporary or permanent, in an aquatic site should notify
the US Army Corps of Engineers. Any loss of an Aquatic site may require mitigation.
18. Any changes to the current mining and reclamation plan must be approved by the Colorado Division of
Reclamation, Mining and Safety through a Technical Revision. Changes include the addition of an
asphalt and concrete batch plant, relocation of existing gas lines/wells, reconfiguration of the ponds,
and the addition of campsites and boat ramps around the North Pond.
19. The operation shall comply will all applicable oil and gas operations regulated by the Colorado Oil and
Gas Conservation Commission.
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety.
21. The operation shall comply with the Mine Safety and Health Act (MSHA).
22. The operation shall comply with the Occupational Safety and Health Act (OSHA).
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code.
24. The applicant shall be made aware that the lake water may not meet all water quality standards for
natural swimming areas, as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages the applicant to
periodically test the lake water.
25. North and Camp Lakes typical site layout: 75'-125'x30'-100'. South Lake Camping typical site layout:
75'x20'-30'.
26. The site shall have an all-weather access road 12 feet wide minimum. This road shall be kept open for
use by emergency vehicles at all times.
27. Hunting blinds shall be stored outside the 100 -year floodplain during the water ski season or when not
in use.
28. No equipment or vehicles may impede the South Lake access road at any time.
29. Each lake will have between three (3) to four (4) portable toilets and one (1) trash container during the
water ski season and will be removed during the off-season. All portable toilets and trash containers
shall be located outside of the floodplain/floodway.
30. Portable toilets can only be on -site for six (6) months.
31. Campers, recreational vehicles, boats and trailers will be allowed in the campsites in the 100 -year
floodplain during non -daylight hours with proper anchoring in place so long as they are constantly
manned.
3MUSR21-95-1075
Page 13 of 18
32. Boats shall be tied to securely anchored docks overnight.
33. No motorized boating shall be allowed between sunset and dawn.
34. Portable boat docks must be anchored per an engineered design. A Flood Hazard Development Permit
must be obtained from Weld County prior to installation of boat docks.
35. No maintenance on boats will be allowed on this property.
36. No more than twelve (12) people will be allowed at each campsite.
37. No more than three (3) guest vehicles will be allowed at each campsite.
38. Non-member boats are not allowed on the lakes.
39. Over -head lighting is not allowed.
40. Vehicles of any type may not be washed on -site.
41. The applicant shall utilize the existing accesses to the site from North 23rd Avenue. The access off of
the County's privately maintained road is to be used for emergency and incidental access only. No new
accesses will be granted.
42. Campsites may be located in the FE MA -mapped 100 -year floodplain but not the floodway from April
15th through October 14th of any given year.
43. Portable boat docks must be anchored per an engineered design. A Flood Hazard Development Permit
(FHDP) must be obtained prior to the installation of the boat docks.
44. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
45. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking.
46. 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.
47. Weld County is not responsible for the maintenance of onsite drainage related features.
48. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
49. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1528F and 1529F effective date September 17, 2020 (Cache la
Poudre River Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials.
50. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified
51. Prior to vacation of the mining permit by the Colorado Division of Reclamation, Mining and Safety
(DRMS), a Letter of Map Revision (LOMR) shall be approved by FEMA showing the impact that the
mining operations has had on the floodplain boundaries, floodway boundaries, and water surface
elevations.
3MUSR21-95-1075
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52. Building permits issued will be required to adhere to the fee structure of the County -Wide Road Impact,
County Facility fee, and Drainage Impact fee programs.
53. Erosion control and stabilization efforts shall be maintained along the shorelines of the lakes.
54. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
55. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
56. Permits are required for all new proposed structures, and existing structures, which were installed
without permits. An investigation fee shall be assessed on all structures which were installed without
permits.
57. A building permit shall be obtained prior to the change of use or construction of any new structures.
58. Building permits are required for buildings and structures which required permits before beginning of
construction.
59. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2018 International Energy
Code, and 2020 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
60. All roads, within the permitted area, shall be all-weather and maintained to allow for emergency
responders to have safe and adequate access.
61. The facility shall notify the County of any revocation and/or suspension of any State -issued permit.
62. 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 will be permitted, which may
be confused with, or construed as, traffic control devices.
63. Hours of operation, for the water skiers, shall be from sunrise to sunset, from April 15th through October
14th for any given year.
64. Hunting by members and their guests is allowed October 15 through February 15 of any given year.
65. Thirty (30) days prior to the commencement of hunting activities, the applicant shall notify in writing the
City of Greeley Police Department and the Weld County Sheriff's office to minimize any potential
impacts to the North Greeley community.
66. 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.
67. Primary access drives shall be surfaced with gravel, recycled asphalt, or the equivalent, and shall be
graded to prevent drainage problems.
68. The historical flow patterns and runoff amounts on the site will be maintained.
69. All boats, campers, and similar recreational equipment owned by members and guests of the Hiner
Lakes Recreational Club shall be removed from the premises between October 15 and April 14 of any
given year. The members of the Hiner Lakes Recreational Club may store their RVs in an approved,
screened on -site storage area at the end of each season.
3MUSR21-95-1075
Page 15 of 18
70. Access to the open pit mining and materials processing (sand, gravel and stone), asphalt and concrete
batch plant, oil field business, and private commercial recreational facility shall be from North 23rd
Avenue. No additional accesses are permitted.
71. Outdoor storage shall be restricted to the areas delineated on the approved MUSR map.
72. Any operation of the gravel pit and batch plants shall not obstruct the passage of the floodway and the
100 -year flood flows to the point that it has an adverse effect on others. This provision prohibits locating
dikes and stockpiles in a manner which forces floodwaters to alter their normal course.
73. Recreational vehicle storage, on the site, shall be located in designated areas outside of the floodway
and floodplain. These areas shall be private storage areas and shall only store the RVs for the members
of the Hiner Lakes Recreational Club.
74. Storage for the construction and mining operation shall be located outside the floodway. If located in
the floodplain the items will be securely anchored and adequately flood proofed, in accordance with
FEMA and the Weld County Floodplain regulations.
75. The open pit mining and materials processing (sand, gravel and stone), including the asphalt and
concrete batch plant component, shall be in compliance with Section 23-4-290.B. of the Weld County
Code, at all times. Further, all sand and gravel operations shall be conducted during the hours of
daylight, except in case of public or private emergency, or to make necessary repairs to equipment.
This restriction does not apply to the operation of administrative or executive offices, or repair facilities
located on the property.
76. The property owner or operator shall be responsible for complying with the Open -Mining Policies
(Operations Policies and Reclamation Policies) as delineated in Sections 23-4-290 and 23-4-300 of the
Weld County Code.
77. All approved North, South and Camp Lake campsites are restricted to the following:
o Passenger Vehicle parking for campsite leases and their guests
o One Recreational Vehicle (RV), Camper or Tent
o One inboard motorboat with trailer for same
o One enclosed storage shed permitted through the Building Department
o One 10 foot x 20 foot deck permitted through the Building Department
o One horseshoe pit
o One fire pit with stacked firewood
o One boat dock, permitted through the Building Department and having an approved Floodplain
permit.
o One boat storage cover permitted through the Building Department
o One shade cover permitted through the Building Department, as applicable.
78. All approved North Lake, South Lake, and Camp Lake campsites are restricted to the lease hold areas
and their equipment, vehicles, and associated transient improvements shall not impede the existing
vehicle access to the internal site, including access to the on -going mining and materials processing
(sand, gravel and stone), asphalt and concrete batch plant, the oil field construction business, and the
recreational facility, all which operate from this single point of ingress and egress.
79. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, will 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.
80. The property owner of operator shall be responsible for complying with all of the foregoing Development
Standards. Non-compliance with any of the foregoing Development Standards may be reason for
revocation of the permit by the Board of County Commissioners.
3MUSR21-95-1075
Page 16 of 18
81. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
82. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
83. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's
commercial mineral deposits are essential to the State's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. 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.
84. WELD COUNTY RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
3MUSR21-95-1075
Page 17 of 18
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.
3MUSR21-95-1075
Page 18 of 18
Diana Aungst
From: Mike Bare <mikebare99@gmail.com>
Sent: Tuesday, August 17, 2021 11:38 AM
To: Diana Aungst
Subject: RE: Camping spots
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
There are 36 total currently. On the current approved USR there is 38 mentioned in the notes and I think the Hiner's
would like to keep that number the same if possible.
Thank You,
Mike Bare
Hiner Recreation Lake Manager
303-514-3533
mikebare99@gmail.com
From: Diana Aungst <daungst@weldgov.com>
Sent: Tuesday, August 17, 2021 11:24 AM
To: Mike Bare <mikebare99@gmail.com>
Subject: Camping spots
Mike:
With the addition of the 12 camping spots around Camp Lake how many camping spaces will there be total?
Regards,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst(d weldgov.com
www.weldgov.com
CI CI el
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Diana Aungst
From: Mike Bare <mikebare99@gmail.com>
Sent: Wednesday, August 11, 2021 4:25 PM
To: Diana Aungst
Subject: RE: Membership
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
It means there is 2 members on one membership. We don't offer them any longer but there are a couple that are
grandfathered in and when those people leave they will not be replaced with a split membership.
Thank You,
Mike Bare
Hiner Recreation Lake Manager
303-514-3533
mikebare99@gmail.com
From: Diana Aungst <daungst@weldgov.com>
Sent: Wednesday, August 11, 2021 3:55 PM
To: Mike Bare <mikebare99@gmail.com>
Subject: Membership
Mike:
What does "split membership" mean?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst(d weldgov.com
www.weldgov.com
CI el
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Hello