HomeMy WebLinkAbout20211103.tiffPlanner: Michael Hall
Case Number: USR21-0003
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Hearing Date: April 6, 2021
Owner: State of Colorado, State Board of Land Commissioners c/o Christel Koranda
1127 Sherman Street, Suite 300, Denver, CO 80203
Applicant: Kiewit Infrastructure Company c/o Stephen Ceresa
160 Inverness Drive West, Suite 110, Englewood, CO 80112
Representative: Applegate Group, Inc. c/o Jared Dains
1490 W. 121s' Avenue, Suite 100, Denver, CO 80234
Request: A Site Specific Development Plan and Use by Special Review Permit for open mining
(sand and gravel) and proces of minerals outside of subdivisions and historic
townsites in the A (Agricultural Zone istrict. (Kiewit Carr Mine).
Legal Section 36, T11 N, R67W, of the 6th P.M. Weld County, Colorado
Description:
Location: Approximately one (1) mile north of County Road 120, approximately one (1) mile east of
County Road 21
Parcel Size: +1- 640 acres
Mining Area: +1- 541 acres
Parcel No. 0201-36-0-00-001
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 referral responses with comments from the
following agencies:
• West Greeley Conservation District, referral dated February 8, 2021
• Colorado Division of Water Resources, referral dated February 10, 2021
• Weld County Department of Public Works, referral dated January 21, 2021
• Weld County Oil and Gas Energy Department, referral dated February 2, 2021
• Weld County Office of Emergency Management, referral dated January 22, 2021
• Colorado Department of Public Health and Environment, referral dated January 27, 2021
• Weld County Department of Public Health and Environment, referral dated February 12, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Zoning Compliance, referral dated January 21, 2021
• Weld County School District RE -9, referral dated January 19, 2021
• Weld County Sheriff's Office, referral dated referral dated January 22, 2021
• Weld County Department of Planning Services - Floodplain, referral dated January 25, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Parks and Wildlife
• Nunn Fire Protection District
• Weld County Extension Office
• Weld County Assessor's Office
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 1 of 13
• Colorado Department of Transportation
• United States Army Corps of Engineers
• Colorado State Board of Land Commissioners
• Colorado Division of Reclamation, Mining and Safety
CASE SUMMARY:
The applicant, Kiewit Infrastructure Company (Kiewit) is requesting a Site Specific Development Plan and
Use by Special Review (USR) Permit for a sand and gravel mining and processing facility, to be known as
the Kiewit Carr Mine. This dry pit mine will produce aggregate to be used for various construction projects
throughout Weld County and Colorado. Kiewit is permitted to operate this mine under Colorado Division
of Reclamation, Mining and Safety permit no. M-2020-029, pending the posting of the financial warranty
and performance warranty. The subject parcel to be mined is currently vacant open rangeland and is
bisected by the Lone Tree Creek. A variable width buffer, being on average three hundred -feet (300'),
around the Creek, will not be mined, nor will several cultural resource protection areas, being small ponds
located on the parcel. There will be one proposed crossing of the Creek in the southern portion of the site,
in order to mine both sides of the parcel, to be eventually removed and reclaimed. Structure Agreements
are in place with entities whose property interfaces with the parcel.
The mine is located on land owned by the State of Colorado, located approximately 1.8 miles west of US
Highway 85. No maintained roadways reach the site. Access easements will be obtained across adjacent
private properties. A Sand and Gravel Lease has been executed between the State of Colorado, State
Board of Land Commissioners, (lessor) and Kiewit (lessee), for the entire section of land for a ten (10)
year primary term and an additional ten (10) year secondary term.
Initial stripping of the first cells and construction of the mine will take approximately two (2) months. Once
fully operating, the proposed life of the mine will be approximately thirteen (13) years. Of the 640 acre
parcel to contain the USR and DRMS permit, 541 acres will be mined, comprised of thirteen (13) mining
cells ranging from 33 acres to 49 acres in size, with the average being 42 acres in area. As such,
approximately one (1) to two (2) cells will be mined per year, generating an estimated extraction amount
of 500,000 tons per year, depending on market conditions. The operation will consist of open cut pit
mining and processing including sorting, crushing, stockpiling, loading and hauling of material. Structures
include a scale, conveyors, screeners, crushers, generators and heavy mining equipment including
excavators, loaders and trucks. Mining will first occur on the west side of the Lone Tree Creek before
progressing to the east side. Sequential and concurrent reclamation will occur as the pit progresses. At
any one time, only a single cell will be actively mined, one cell will house the processing equipment and
one cell will be in active reclamation. Once a cell is reclaimed, it may be re -used as rangeland.
Based on subsurface explorations, it was observed that overburden and topsoil, where present, extend to
approximately two -feet (2') below surface grade and the target sand and gravel deposits extend to
approximately twelve and one half -feet (12.5') below surface grade. Topsoil/overburden, run of mine, and
reject stockpiles will be located on site, often in the form of berms or stored within pits. No debris, junk or
waste streams will be generated by this mine. Non -spec reject material may be used in reclamation or
otherwise sold, depending on demand. On -site drainage will be directed internally on the site, into the
mine pits. No explosives will be used in mining and no slurry wall or dewatering is required, as the bottom
of the mine pit will be approximately two (2) feet above groundwater. This mine is not expected to directly
affect surface water or groundwater.
In -pit mining operations and processing are proposed to be conducted twenty four (24) hours per day,
year round, according to the application materials. Kiewit requests the Board of County Commissioners
extend the hours of operation beyond the typical limit of daylight hours to 24/7 operations. Section 23-4-
290.B of the Weld County Code, amended by Ordinance 2019-18, allows the Board of County
Commissioners to authorize additional hours of operation for sand and gravel operations when the Board
of County Commissioners deems appropriate. Per the application materials, the proposed 24/7 operation
lessens the amount of time that the mine will be present, reducing the life of the mine and impact to the
area. Because of the 24/7 mining proposal, Kiewit will utilize portable lighting plants in the pit and
processing areas to provide illumination. Lighting shall be downcast and shielded to prevent nuisance
conditions.
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 2 of 13
The maximum number of employees anticipated on -site at any given time is seven (7), with three (3)
employee shifts throughout a twenty-four (24) hour period. Up to fifty (50) people may access this site
including employees, truck drivers, and contractors. A total of twenty (20) passenger car roundtrips per
day and one hundred (100) tractor trailers roundtrips per day is expected. The majority of trucks entering
the site, being loaded and leaving the site are owned and managed by Kiewit. Third -party customer trucks
are not the intended method of removing aggregate from the site. On -site diesel fuel storage is proposed
consisting of a 3,000 -gallon fuel tank with secondary containment, likely in the form of berming. Diesel will
fuel all operations on site including heavy vehicles and equipment, portable generators and lighting. A
two -foot (2') by four -foot (4') minimum sign will be located at the site entrance with site information.
Additional signs internal to the site will provide directional and safety related information. Eight -foot (8')
tall overburden and topsoil berms will be located along the western property line, buffering the mine from
the adjacent Niobrara Transloading Terminal. No additional landscaping or screening is proposed.
Bottled water and portable toilets will be provided for employee use. The facility requires a non -potable
water demand of 22.4 acre-feet per year, considered 100% consumptive, primarily for dust suppression to
be hauled from the Triton Water Depot in Peckham, Colorado. A will -serve letter from the third -party
owner and vendor of this water source was submitted in the application materials.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [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.
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 3 of 13
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
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. USR13-0065 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 XI 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 (MS4) 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.
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 4 of 13
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The 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 DEPARTMENT OF PLANNING SERVICES' STAFF 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)
B. The applicant shall address the concerns of the Public Works Referral, dated January 21,
2021, relating to the access location onto County Road 126. (Department of Public Works)
C. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location (i.e. County Road 126, County Road 120). Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. The Agreement shall
include provisions addressing engineering requirements, submission of collateral, and testing
and approval of completed improvements. (Department of Public Works)
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, utilities and shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number. (Department of Public Works)
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page5of13
E. A Final Traffic Impact Study, stamped and signed by a Professional Engineer registered in
the State of Colorado, is required. (Department of Public Works)
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 DRMS permit with a heavy line type. Notate the
acreage included within the DRMS 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 area(s) 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.D. 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
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
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 6 of 13
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)
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) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall 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:
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 DRMS permit shall be submitted. (Department of Planning Services)
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 7 of 13
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)
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 8 of 13
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
State of Colorado, State Board of Land Commissioners
Kiewit Infrastructure Company
U SR21-0003
1. A Site Specific Development Plan and Use by Special Review Permit for open mining (sand and
gravel) and r essing of minerals outside of subdivisions and historic townsites in the A
(Agricultural Zone istrict, known as the Kiewit Carr Mine, subject to the Development Standards
stated hereon. epartment 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)
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 9 of 13
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 Department of
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)
27. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 10 of 13
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 or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 11 of 13
44. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
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.B. 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.
If the 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 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
49. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 12 of 13
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.
USR21-0003 - State of Colorado & Kiewit Infrastructure Company
Page 13 of 13
February 25, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
JARED DAINS
1490W 121ST AVENUE
SUITE 100
DENVER, CO 80234
Subject: USR21-0003 - 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) Zoned District. (Kiewit Carr Mine).
On parcel(s) of land described as:
ALL SECTION 36, T1 1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 06, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 28, 2021 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-1 03 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respp�1f.illy,
Michael Hall
Planner
Hello