HomeMy WebLinkAbout20210236.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: USR19-0057 Hearing Date: January21, 2019
Applicant: Black Mountain Land Company, LP, CIO Black Mountain Sand Weld LLC
Owner: Same
Request: A Site-Specific Development Plan and Use by Special Review Permit for Open
Mining and Processing of Minerals (Sand Mining, Processing of Mined Sand and
Accessory Activities associated with the Sand Mining and Processing Operation
including a sand wash processing plant,a 3-lane truck loadout area,office building,
maintenance and warehouse building, a fueling station and ready line, check-in
booths and truck hatch opening and closing stations) in the A(Agricultural)Zoned
District.
Legal Description: Located in the SW4 of Section 2; E2 and W2 of Section 3, SW4, Part of the
W2SE4, NW4 and NE4 of Section 10; all of Section 11; and Part of the N2 of
Section 14; all within Township 3 North, Range 61 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 91, north of and adjacent to Interstate 76 and
2 miles south of State Highway 34.
Size of Parcel: 2215.59 acres, more or less, (1,796 acres more or less to be mined);
Parcel Numbers: 1221-10-0-00-004, 1211-02-0-00-003, 1221-03-0-00-007, 1221-03-0-00-008,
1221-10-0-00-005, 1221-10-0-00-006, 1221-10-0-00-009, 1221-11-0-00-005 and
1221-14-0-00-001
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:
➢ Bjiou Irrigation Company/Bijou Irrigation District (Vranesh and Raisch) — response on behalf of
Bijou Canal and Empire Intake Canal, referral dated October 24,2019
• Colorado Division of Water Resources, referral dated September 16, 2019
Weld County Department of Environmental Health referral dated October 4, 2019
Weld County Department of Public Works, referral dated October 8, 2019
• Colorado Department of Transportation, electronic mail referral dated January 2, 2020
• Southeast Weld Fire District, referral dated September 10, 2019
• Colorado Parks and Wildlife, referral dated October 21, 2019
Black Mountain Land Company,LP USR19-0057
Page 1
The Department of Planning Services' staff has received responses from the following agencies without
comment:
Weld County Zoning Compliance referral dated September 10, 2019
y Weld County Sheriff's Office, referral dated October 7, 2019
The Department of Planning Services'staff has not received responses from the following agencies:
y Weld County Department of Building Inspection
y State of Colorado, Department of Reclamation Mining and Safety
y History Colorado
y United States Army—Corps of Engineers
y Weld School District RE-50J
y Morgan County Quality Water District
Black Mountain Land Company,LP USR19-0057
Page 2
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Planner: Chris Gathman
Case Number: USR19-0057 Hearing Date: January21, 2019
Applicant: Black Mountain Land Company, LP, CIO Black Mountain Sand Weld LLC
Request: A Site-Specific Development Plan and Use by Special Review Permit for Open
Mining and Processing of Minerals (Sand Mining, Processing of Mined Sand and
Accessory Activities associated with the Sand Mining and Processing Operation
including a sand wash processing plant,a 3-lane truck loadout area,office building,
maintenance and warehouse building, a fueling station and ready line, check-in
booths and truck hatch opening and closing stations) in the A(Agricultural)Zoned
District.
Legal Description: Located in the SW4 of Section 2; E2 and W2 of Section 3, SW4, Part of the
W2SE4, NW4 and NE4 of Section 10; all of Section 11; and Part of the N2 of
Section 14; all within Township 3 North, Range 61 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 91, north of and adjacent to Interstate 76 and
2 miles south of State Highway 34.
Size of Parcel: 2215.59 acres, more or less, (1,796 acres more or less to be mined);
Parcel Numbers: 1221-10-0-00-004, 1211-02-0-00-003, 1221-03-0-00-007, 1221-03-0-00-008,
1221-10-0-00-005, 1221-10-0-00-006, 1221-10-0-00-009, 1221-11-0-00-005 and
1221-14-0-00-001
Narrative:
The applicant is proposing to construct and operate sand mining facility (Lost Creek Mine). The operation
will consist of open pit mining,sand wash processing plant and a loadout facility.Approximately 1,796 acres
will be mined. Material will be mined using excavators,dozers and front-end loaders.The facility is proposed
to be a dry mine. Trucks will be used to transport all mined materials to the processing plant. A closed loop
slurry pipeline may be used in the future.
The sand wash processing plant will consist of a plant storage pile, scrubbing, cyclonic separation, product
dewatering, fines thickener, fines dewatering, a process water storage tank, process water pond, slurry
pond, belt conveyors,wet sand storage building, belt tripper, scrapper reclaimers, dual fluid bed dryers,dry
screening, six 3,000-ton storage silos for final product storage and a backfile stockpile. There will be a 3-
lane truck loadout area, office building, a maintenance and warehouse building and fueling station. The
fueling station will consist of one(1)50,000-gallon fuel tank during the beginning of the operation to expand
to a maximum of three (3) 50,000-gallon fuel tanks as mining commences.
Black Mountain Land Company,LP USR19-0057
Page 3
The facility will employ approximately 145 employees in three (3) shifts. An estimated 300 trucks will visit
the site daily. The application indicates a mining timeframe of 35 years to be mined over phases. The
application indicates that the mine will be a dry mine and that the mine plan will keep mining activities 2-
feet above the ground water table. The application indicates that the mined area would be restored to
rangeland after completion of mining.
The applicants are requesting the Board of County Commissioners to extend the hours of operation beyond
daylight hours. The applicant is proposing to operate the facility 7 days a week, 24 hours per day. There is
a pending ordinance(Ordinance 2019-18)that(if approved)authorizes the Board of County Commissioners
to authorize additional hours of operation for sand and gravel operations when the Board of County
Commissioners deems appropriate. Ordinance 2019-18 is scheduled to be adopted and to become
effective prior to the Board of County Commissioners hearing for this case.
The processing facility will utilize water wells from adjacent property owned by the applicant. The applicant
has applied for and is the process to change the use of the existing wells for the mining operation
(processing of sand). The change of use request has been scheduled to be heard by the ground water
commission in a hearing scheduled for July 2020. The applicant has provided evidence that the change of
use request is likely to be issued. The amount of water requested has already been reviewed by Ground
Water Commission staff based on their review criteria. Objections have been received. One of the
objections was regarding the amount of water (a lesser amount - based on different review standards
provided by the objectors. The applicant has indicated that even if this lesser amount of water is required
(1,575 acre feet), the amount of water will be sufficient for the sand mining operation.
The application indicates that the facilities will capture and reuse 95% of water in its system. The change
of use request Potable water for on-site water and sanitary will be purchased from Morgan County Water
District. The applicant has submitted an application for water service to Morgan County Water District. The
Department of Planning Services has discussed the water service application with Morgan County Water
District. The District has indicated that there is a 1.8 million gallon tank in close proximity to the proposed
mining facility—and has indicated that there will not be an issue with obtaining water service to the site. An
onsite septic system is proposed to be utilized.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect.
Section 22-2-10.D states: "Extraction of natural resources is an important part of the economy of
the County. Such extraction operations should minimize the impacts to agricultural lands and
agricultural operations."
The mining area is located on land delineated as "other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The area is not in agricultural production and the
proposed mining operation will be reclaimed back to rangeland after mining has ceased.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of
mineral resources."
Black Mountain Land Company,LP USR19-0057
Page 4
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the property is
classified as Wind-Deposited sand dunes including sands ranging from coarse gravelly stream
sands to fine-grained wind-deposited sand dunes.
Section 22-5-80.0 (CM.Goal 3) states, "Minimize the impacts of surface and subsurface mining
activities on the surrounding land, land uses, roads and highways."
The Department of Public Works is requiring an Improvements and Road Maintenance Agreement
for road maintenance and future improvement triggers. The agreement will detail dust control and
damage repair to specified haul routes. Immediate off-site improvements include paving County
Road 91 from the facility entrance to Highway 34 and a southbound turn lane at the facility entrance.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal,
state and local environmental standards."
The Colorado Mined Land Reclamation Board approved the 112c application for this proposed
miner(file No. M-2018-051)on November 13, 2019.
Section 22-5-80.E.1 (CM.Policy 5.1) of the Weld County Code states: "Consider the potentially
adverse environmental affects of completed mining operations."
The application indicates that the mined area will be reclaimed back to its existing condition
(rangeland)upon completion of mining.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the (A)Agricultural Zone
District. Section 23-3-40.S of the Weld County Code provides for a Site-Specific Development Plan
and Special Review Permit for Open Mining and Processing of Minerals (Sand Mining, Processing
of Mined Sand and Accessory Activities associated with the Sand Mining and Processing Operation
including a sand wash processing plant, a 3-lane truck loadout area, office building, maintenance
and warehouse building, a fueling station and ready line, check-in booths and truck hatch opening
and closing stations) in the (A)Agricultural Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed mining area is located within a rural rangeland area.The proposed mining area does
not overlap any existing USRs. There is limited oil and gas production within the boundaries of the
USR.
Notice was sent to nine (9) property owners located within 500-feet from the boundaries of the
proposed mining USR. No phone calls and/or correspondence has been received from surrounding
property owners about this case.
D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The USR site is not located within a 3-mile referral area, Urban Growth Boundary of a municipality
or Regional Urbanization Area.
E. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County Code.
The proposed mine is not located within a regulatory floodplain, MS4 area, a Geologic Hazard Area
or Airport Overlay Area.
Black Mountain Land Company,LP USR19-0057
Page 5
Building Permits issued will be required to adhere to the fee structure of the County-wide Road
Impact; the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The property to be mined contains approximately 1,796 acres delineated as 'Other Lands"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code
Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed through this
application and the Development Standards will insure compliance with Section 23-4-250 Weld
County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Service's staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. Immediate off-site improvements include paving County Road 91 from the
facility entrance to Highway 34, and a southbound left turn lane at the facility entrance. The
Agreement shall include provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in their electronic mail referral dated 1/2/2020. Written evidence of such shall be
provided to the Department of Planning Services. (CDOT)
D. The applicant shall address the requirements of Southeast Weld Fire District as stated in their
electronic mail referral dated 9/10/2019. Written evidence of such shall be provided to the
Department of Planning Services. (Southeast Weld Fire District)
E. The applicant shall address the requirements of the Colorado Division of Water Resources as
stated in their referral dated 9/16/2019. Written evidence of such shall be provided to the
Department of Planning Services. (Colorado Division of Water Resources)
F. The applicant shall attempt to address the requirements of the Bijou Irrigation District as stated in
the letter dated 10/24/2019 by Vranesh and Raisch, LLP on behalf of the Bijou Irrigation Company.
Written evidence of such shall be provided to the Department of Planning Services. (Bijou Irrigation
District)
Black Mountain Land Company,LP USR19-0057
Page 6
G. The applicant shall submit an executed ditch cross agreement or other adequate form of
documentation authorizing the crossing of the ditch(es)maintained by the Bijou Irrigation Company.
(Department of Planning Services)
H. The applicant shall address the requirements of Colorado Parks and Wildlife as stated in their
referral dated 10/21/2019.Written evidence of such shall be provided to the Department of Planning
Services. (Colorado Parks and Wildlife)
I. A Communications Plan shall be submitted to the Department of Planning Services. The
Communications Plan shall address ongoing communication processes with area property owners.
(Department of Planning Services)
J. An updated Lighting Plan shall be submitted to the Department of Planning Services for review and
approval. Details (cut-offs) of the proposed lighting fixtures shall be delineated. (Department of
Planning Services)
K. The applicant shall develop an updated Noise Mitigation Plan for review and acceptance by the
Department of Planning Services. The plan shall include noise modeling data demonstrating that
the mining facility will adhere to the Industrial Noise Standard. (Department of Planning Services)
L. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0057. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 91 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
5. County Road 24 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map.The applicant shall delineate the existing right-
of-way on the site plan. Show and label the section line Right-of-Way as "CR 24 Section Line
Right-Of-Way, not County maintained." All setbacks shall be measured from the edge of right-
of-way. (Department of Public Works)
6. County Road 26 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map.The applicant shall delineate the existing right-
of-way on the site plan. Show and label the section line Right-of-Way as "CR 26 Section Line
Right-Of-Way, not County maintained." All setbacks shall be measured from the edge of right-
of-way. (Department of Public Works)
7. County Road 93 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map.The applicant shall delineate the existing right-
of-way on the site plan. Show and label the section line Right-of-Way as "CR 93 Section Line
Right-Of-Way, not County maintained." All setbacks shall be measured from the edge of right-
of-way. (Department of Public Works)
Black Mountain Land Company,LP USR19-0057
Page 7
8. Show and label the approved access locations, approved access width and the appropriate
turning radii (60')on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
9. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
10. Show and label the approved tracking control on the site plan. (Department of Public Works)
11. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
12. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
15. The applicants shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
16. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C,23-D and 23-E of the Weld County Code. (Department of Planning Services)
17. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
18. Show and label all recorded easements on the map by book and page number or reception
number and date. (Department of Planning Services)
19. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of
Planning Services)
2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
C. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Reclamation Mining and Safety.(Department of Planning
Services)
Black Mountain Land Company,LP USR19-0057
Page 8
3. Prior to Operation:
A. Accepted construction drawings and construction of the off-site roadway improvements are
required prior to operation. Immediate off-site improvements include paving County Road 91 from
the facility entrance to Highway 34, and a southbound left turn lane at the facility entrance.
(Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator,the Fire District and the Weld County Office of Emergency Management.Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
5. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Map prior to recording. The completed map shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners.
(Department of Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty(120)days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional
three (3) month period. (Department of Planning Services)
Black Mountain Land Company,LP USR19-0057
Page 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Black Mountain Land Company, LP
USR1 9-0057
1. A Site Specific Development Plan and Special Review Permit, USR19-0057, for Open Mining and
Processing of Minerals (Sand Mining, Processing of Mined Sand and Accessory Activities associated
with the Sand Mining and Processing Operation including a sand wash processing plant, a 3-lane truck
loadout area, office building, maintenance and warehouse building, a fueling station and ready line,
check-in booths and truck hatch opening and closing stations) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions.The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
6. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
7. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
10. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and shall be
screened from residences within one-half mile of the pipeline easement and high-volume roads in
consultation with the Department of Public Works. (Department of Public Health and Environment)
11. 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
Black Mountain Land Company,LP USR19-0057
Page 10
purposes. (Department of Public Health and Environment)
12. 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)
13. Any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per
day) shall comply with the Underground Injection Control (UIC) Class V Injection Well requirements of
the Environmental Protection Agency (EPA). (Department of Public Health and Environment)
14. In the event the septic system requires a design capacity of 2,000 gallons or more of sewage per day
the applicants shall adhere to the requirements of the Colorado Department of Public Health and
Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public Health
and Environment)
15. 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)
16. 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)
17. 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)
18. The operation shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health
and Environment)
19. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
24. 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)
25. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
26. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates. (Department of Public Works)
Black Mountain Land Company,LP USR19-0057
Page 11
27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
29. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
30. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services)
31. The approved Communications Plan shall be maintained. (Department of Planning Services)
32. The approved Lighting Plan shall be maintained. (Department of Planning Services)
33. 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)
34. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
35. Hours of Operation for the mining operation are 7 days a week, 24 hours a day as approved by the
Board of County Commissioners.
36. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee
Program. (Department of Planning Services)
38. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Residential Code, 2018
International Building Code, 2018 International Mechanical Code, 2018 International Plumbing
Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code, 2006 International
Energy Conservation Code, and 2017 National Electrical Code. (Department of Building Inspection)
39. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
40. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
41. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
Black Mountain Land Company,LP USR19-0057
Page 12
42. The property owner or operator shall be responsible for complying with the Open-Mining Policies
(Operations policies and Reclamation Policies as delineated Sections 23-4-290 and 23-4-300 of the
Weld County Code.
43. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
44. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
45. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not
commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it
shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by
Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division
4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
46. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
47. 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.
48. 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
Black Mountain Land Company,LP USR19-0057
Page 13
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
Black Mountain Land Company,LP USR19-0057
Page 14
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
ti er' , ��l GREELEY, CO 80631
�� r 1 WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
El 1 1'. PHONE: (970)400-3537
3 N r" FAX: (970) 304 6498
December 13, 2019
COFF KIRA
1011 E. MURRAY HOLLADAY ROAD, SUITE 100
SALT LAKE CITY, UT
Subject: USR19-0057 - A Site Specific Development Plan and Use by Special Review Permit for Open
Mining and Processing of Minerals (Sand Mining) in the A(Agricultural)Zoned District.
On parcel(s)of land described as:
SW4 OF SECTION 2; E2 AND W2 OF SECTION 3; SW4, W2SE4, E2SE4, NW4 AND NE4 OF
SECTION 10; ALL OF SECTION 11; AND PART OF THE N2 OF SECTION 14, ALL WITHIN T3N,
R61W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 21, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 26, 2020
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplannincicases.org
If you have any questions concerning this matter, please call.
Respectfully, _
c
(CIL(A4`. .1 lel...6-.."..--,..,_.
Chris Gathman
Planner
Ao. DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
ti **� ^„ GREELEY, CO 80631
titi WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970)400-3537
4_ G 6 NFAX: (970) 304-6498
September 09, 2019
KIRA COFF
MILLCREEK MINING GROUP
1011 E. MURRAY HOLLADAY ROAD, SUITE 100
SALT LAKE CITY, UT
Subject: USR19-0057 - A Site Specific Development Plan and Use by Special Review Permit for Open
Mining and Processing of Minerals (Sand Mining) in the A (Agricultural) Zoned District. Proposed Sand
Mine to be located in Sections 2,3,4, 9, 10, 11 and 14 T3N R61.
On parcel(s) of land described as:
3917 E2SE4 SECTION 10 T3N R61W (1R) of the 6th P.M., Weld County, Colorado.
3904 E2 SECTION 3 T3N R61W of the 6th P.M.,Weld County, Colorado.
3905 W2 SECTION 3 T3N R61W of the 6th P.M.,Weld County, Colorado.
3925 PT N2 SECTION 14 T3N R61W N OF HWY#6 of the 6th P.M.,Weld County, Colorado.
3919 NW4 SECTION 10 T3N R61W of the 6th P.M.,Weld County, Colorado.
3918 SW41W2SE4 SECTION 10 T3N R61W of the 6th P.M.,Weld County, Colorado.
3920 ALL SECTION 11 T3N R61W of the 6th P.M.,Weld County, Colorado.
3902 SW4 SECTION 2 T3N R61W of the 6th P.M.,Weld County, Colorado.
3916 NE4 SECTION 10 T3N R61W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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