HomeMy WebLinkAbout20201284.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR19-08-1660, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING (SAND, GRAVEL AND
STONE) AND MATERIALS PROCESSING, STOCKPILING, RECYCLING, AND
PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE), AND THE
IMPORTATION OF SOIL AMENDMENTS (TOPSOIL, PEATS, AND COMPOST) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GLOBAL ASSET RECOVERY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of
September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Global Asset Recovery, LLC, 6530 Constitution Dr., Fort Wayne,
Indiana 46804, for a Site Specific Development Plan and Second Amended Use by Special
Review Permit, 2MJUSR19-08-1660, for Mineral Resource Development Facilities including
Open Pit Mining (sand, gravel and stone) and materials processing, stockpiling, recycling, and
processing of demolition material (asphalt and concrete), and the importation of soil amendments
(topsoil, peats, and compost) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX16-0165 and
Lot B of Recorded Exemption, RE-1638; both being
part of the NE1/4 of Section 4, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant and, having been fully informed, deemed it
advisable to continue the matter to November 20, 2019, at 10:00 a.m., to allow Global Asset
Recovery, LLC, adequate time to hold a community meeting and address the requests of the
Board, and
WHEREAS, on November 20, 2019, the Board heard all of the testimony and statements
of those present and reviewed the request of the applicant and, having been fully informed,
deemed it advisable to continue the matter to March 25, 2020, at 10:00 a.m., to allow Global Asset
Recovery, LLC, adequate time to compile and present the findings of their water studies and to
address any neighbor concerns that were a result of the studies, and
WHEREAS, on March 25, 2020, the Board, having been fully informed, deemed it
advisable to continue the matter to April 22, 2020, at 10:00 a.m., due to the COVID-19 event and
to protect the health, safety, and welfare of the general public, and
WHEREAS, because of the ongoing COVID-19 event and to protect the health, safety,
and welfare of the general public, the Board, having been fully informed, continued this matter to
May 6, 2020.
ttic lk01-?)1 tRIL) , PWcw►t44/Dk 2020-1284
C 460 NQf L AQP� RAP PL1983
/3•0
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 2
WHEREAS, on May 6, 2020, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant and, having been fully informed, deemed it
advisable to continue the matter to May 27, 2020, to allow the applicant and surrounding property
owners additional time to get agreements in place, and
WHEREAS, at said hearing, on May 27, 2020, the applicant was represented by J.C. York,
J & T Consulting, Inc., 305 Denver Avenue, Suite B, Fort Lupton, Colorado 80621, and
WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of
said Minor Amendment, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Planning Services staff and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) Section 22-5-80.A (CM.Goal 1) states: "Conserve lands which
contain commercial mineral deposits ("aggregate') for potential
future use in accordance with state law." This site contains a
valuable commercial deposit of sand and gravel located in the
alluvium of the South Platte River, which is available for extraction.
2) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly exploration and development of mineral resources."
According to the Weld County Sand, Gravel Resources map dated
July 1, 1975, the property is classified as T-4 (Stream-Terrace
Deposits — unevaluated coarse and fine aggregates: relatively
clean and sound). The application materials indicated this property
has 3 to 11 feet of overburden and that extraction activities will
remove aggregate to an average mean depth of 90 feet from the
natural grade of the surface. The County recognizes that mineral
resource extraction is an essential industry. The availability and
cost of materials, such as sand and gravel, influence the
successfulness of the general construction and highway
construction industries. After the extraction of materials, most of
these sites yield much-needed water storage and recreation
possibilities.
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 3
2) Section 22-5-80.C (CM.Goal 3) states: "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways." In some instances, sites
containing significant quantities of mineral deposits are located in
areas characterized by other existing or potential land uses and
natural resources. Because the uncontrolled operation of a mine
site has the potential for adversely affecting surrounding land uses,
roads, residents, and the environment, specialized review and
regulation is appropriate. The applicant will utilize an internal
access road and a conveyor to transport the mineral resource to the
materials processing area. All traffic to and from the site will use
North Balsam Avenue and Eighth Street. There will be one (1)
entrance to the Broken Arrow Mine.
3) Section 22-5-80.D.1 (CM.Policy 4.1) states, in part: "Require all
mining operations conform to federal, state and local environmental
standards." This amendment to an existing mineral resource
development proposal has been reviewed by the appropriate
referral agencies and it has been determined that the attached
Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county and
will address and mitigate impacts on the surrounding area due to
the construction of this facility. The applicant proposes to utilize a
water truck for dust suppression and abatement and will cease
operations during high wind events. The applicant also has a State
of Colorado Division of Reclamation, Mining Safety Permit, number
M2008-017, for Broken Arrow Investments, LLC, conditionally
approved on June 18, 2018.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.3 of the Weld County Code provides for a Site
Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development Facilities including Open Pit Mining
and Materials Processing (sand, gravel and stone).
2) Section 23-3-40.W allows Uses similar to the Uses listed as
Agricultural Service Establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services
on a fee or contract basis as a Use by Special Review, importation
of soil amendments (topsoil, peats and compost), as long as the
Use complies with the general intent of the A (Agricultural) Zone
District, in the A (Agricultural) Zone District.
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 4
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses include
irrigated and non-irrigated agriculture lands, rural residences, oil and gas
encumbrances and pipeline corridors. The proposed permit area consists
of one (1) vacant rural residence, oil and gas encumbrances, pipeline
corridors and not-in-production agricultural lands. In general, the
surrounding property is primarily irrigated and non-irrigated agricultural
lands with rural residences, primarily to the southwest, north and east.
There is an adjacent mine to the west, USR-690, currently being reclaimed.
Lands to the south of the mine are within the City of Greeley's Corporate
Limits. The site is bounded by North Balsam Avenue to the west, County
Road 62 to the north, and North Cherry Avenue to the east. Sand and
gravel operations are located in areas similar to this along the South Platte
River corridor, as evidenced by other mines being in proximity to this site.
There are twenty-one (21) property owners within 500 feet of this proposed
facility. Planning staff received seven (7) letters from surrounding property
owners located to the southwest, north and east of the proposed mine,
two (2) affidavits of personal knowledge, one (1) office visit and two (2)
telephone calls stating concerns about the effect of the slurry wall on the
farms' irrigation wells, dust, silica in the air, traffic, noise and loss of
property value. The applicant is required, via their DRMS Permit, to submit
historic water levels across the property and to provide quarterly updates
on water levels throughout mining and reclamation activities. The applicant
is also required to mitigate the effects of the mining and processing
activities on the property. It is the opinion of the Board that the
Development Standards will address the concerns raised by the
surrounding property owners.
D. Section 23-2-230.B.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 Cities of Greeley, Garden City, and Evans, and the
Town of Kersey are within the three (3) mile referral area of the project site.
The City of Greeley, in the referral dated July 17, 2019, provided several
advisory comments, including: "The subject property is located within the
City of Greeley Long Range Expected Growth Area (LREGA). If, in the
future, water and sanitary sewer service are requested to serve the
property, then annexation into the City of Greeley will be required prior to
the City of Greeley providing utility service. The City of Greeley does not
currently provide utility services to the subject property." Further, it appears
that the access to this site will be from a Weld County managed and
maintained road, therefore, an Access Permit would not be required at this
time from the City of Greeley. If, soon, traffic increases substantially from
this site or other adjacent properties, the City of Greeley is requesting a
meeting with Weld County's Department of Public Works to discuss
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 5
potential improvements and/or maintenance cost agreements to address
the impacts to both jurisdictions' roadway systems/networks in this area.
As a Condition of Approval, a Road Maintenance Agreement may be
required for off-site improvements including, but not limited to, dust control,
damage repair, specified haul routes and future traffic triggers for
improvements. Garden City, in the referral dated July 2, 2019, had no
concerns and the City of Evans and Town of Kersey did not provide a
referral response.
E. Section 23-2-230.B.5 —The application complies with Section 23-5-230 of
the Weld County Code. The property is not located within the MS4 or
Geologic Hazard Overlay District; but is located within the FEMA regulatory
floodway and floodplain and the Airport Overlay District and Airport Critical
Flight Zone. Building Permits issued will be required to adhere to the fee
structure of the County-wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. According to the "Important Farmlands of Weld County Colorado"
map, prepared by the USDA Soil Conservation Service and Colorado State
University Experiment Station, the site is located on 70.93 acres of"Prime
(Irrigated)" and 18.64 acres of "Irrigated Land (Not Prime)" and
approximately 52 acres of"Other Land" categories of Important Farmlands
of Weld County lands. The land historically has been utilized as an active
mine and processing area and a rural residence in producing agricultural
land, utilized for irrigated agricultural crops. There are oil and gas
encumbrances located on the property. Presently there is no irrigation
water on the property.
G. Section 23-2-230.6.7 — 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 the 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
ensure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Global Asset Recovery, LLC, for a Site Specific
Development Plan and Second Amended Use by Special Review Permit, 2MJUSR19-08-1660,
for Mineral Resource Development Facilities including Open Pit Mining (sand, gravel and stone)
and materials processing, stockpiling, recycling, and processing of demolition material (asphalt
and concrete), and the importation of soil amendments (topsoil, peats, and compost) in the
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 6
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement with triggers for
off-site improvements is required at this location. 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.
B. The applicant shall complete all outstanding Improvements Agreement
requirements for MUSR16-85-690.
C. The applicant shall develop and submit a Communication Plan for the
purpose of providing notice to surrounding property owners of the activities
occurring on the property for review and acceptance by the Department of
Planning Services.
D. The applicant shall submit a Lighting Plan with cut-sheets for the proposed
light standards to be utilized at the mine, for review and approval.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR19-08-1660.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) Balsam Avenue is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance2017-01) as
a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the plat. If the
existing right-of-way cannot be verified, it shall be dedicated. The
applicant shall also delineate the physical location of the roadway.
Pursuant to the definition of setback in the Weld County Code,
Chapter 23, Article III, Section 23-3-50, the required setback is
measured from the future right-of-way line. This road is maintained
by Weld County.
5) County Road 43 (Cherry Avenue) is a paved road and is designated
on the Weld County Functional Classification Map (Code
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 7
Ordinance #2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate and label
the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the plat. If the existing right-of-way cannot be verified, it
shall be dedicated. The applicant shall also delineate the physical
location of the roadway. Pursuant to the definition of setback in the
Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. This
road is maintained by Weld County.
6) County Road 62 (E. C Street) is a paved road and is designated on
the Weld County Functional Classification Map (Code
Ordinance #2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label
future and existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road on
the plat. If the existing right-of-way cannot be verified, it shall be
dedicated. The applicant shall also delineate the physical location
of the roadway. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line. This road is
maintained by Weld County.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) The applicant shall 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.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
11) Should exterior lighting be a part of this facility, all light standards
shall be shown on the USR Map and shall adhere to Chapter 23,
Article IX, Section 23-9-40 of the Weld County Code. If exterior
lighting is proposed, the operator should consider incorporating the
Dark Sky Policy.
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 8
12) 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.
13) The applicant shall show the floodplain boundaries on the map. The
applicant shall label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number.
14) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
15) 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.
2. Prior to Mining:
A. If more than one (1) acre is to be disturbed for construction of non-gravel
pit items, a Weld County Grading Permit will be required.
B. The approved tracking control shall be constructed prior to on-site
construction.
C. 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.
D. 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.
3. The Use by Special Review Permit 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.
4. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by 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.
2020-1284
PL1983
SECOND AMENDED USE BY SPECIAL REVIEW (2MJUSR19-08-1660) - GLOBAL ASSET
RECOVERY, LLC
PAGE 9
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
� ti --Inghlailger'
Mike F eeman, Chair
Weld County Clerk to the Board
• Steve oreno ro-Tem
BY: , G
Deputy Clerk to the Board
Scot K. James
APP:. V 'DAS %' OR 1
'lam � �
'tiara Kirkmeyer
County Attorney RECUSED
' � / Kevin D. Ross
Date of signature: 6./5/2O
2020-1284
PL1983
SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW
DEVELOPMENT STANDARDS
GLOBAL ASSET RECOVERY, LLC
2MJUSR19-08-1660
1. The Site Specific Development Plan and Second Amended Use by Special Review Permit,
2MJUSR19-08-1660, is for Mineral Resource Development Facilities including Open Pit
Mining (sand, gravel and stone) and materials processing, stockpiling, recycling, and
processing of demolition material (asphalt and concrete), and the importation of soil
amendments (topsoil, peats, and compost) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code. The applicant shall operate in accordance with the accepted Waste
Handling Plan.
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. The applicant
shall operate in accordance with the accepted Dust Abatement Plan.
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 of the
Colorado Department of Public Health and Environment, as applicable.
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Control Plan.
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that prevents nuisance conditions.
10. Any On-site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
2020-1284
PL1983
DEVELOPMENT STANDARDS (2MJUSR19-08-1660) - GLOBAL ASSET RECOVERY, LLC
PAGE 2
11. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
the public, at all times. Portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers and be screened from existing adjacent residential properties
and public rights-of-way.
12. The operation shall comply with the Mine Safety and Health Act (MSHA).
13. 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.
14. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
15. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
16. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
17. 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.
18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
23. 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.
2020-1284
PL1983
DEVELOPMENT STANDARDS (2MJUSR19-08-1660) - GLOBAL ASSET RECOVERY, LLC
PAGE 3
24. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
25. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of on-site drainage related features.
28. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-1541E, dated January 20, 2016,
(Cache la Poudre River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements, as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
30. The applicant shall adhere to the approved Lighting Plan.
31. 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.
32. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, Monday through Saturday, except in the case
of public or private emergency or to make necessary repairs to equipment. Hours of
operation may be extended with specific permission from the Weld County Board of
County Commissioners. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.
33. The applicant shall adhere to the approved Landscaping Plan.
34. 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.
2020-1284
PL1983
DEVELOPMENT STANDARDS (2MJUSR19-08-1660) - GLOBAL ASSET RECOVERY, LLC
PAGE 4
35. 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.
36. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Codes, 2006 International Energy Code,
2017 National Electrical Code, 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the
Weld County Code.
37. Building Permits issued on the parcel(s) will be required to adhere to the fee structure of
the County-wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Program.
38. The number of persons associated with the daily operations of mining and processing
operations is limited to 15 onsite at any time.
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.
40. 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.
41. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
42. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
44. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
45. 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.
2020-1284
PL1983
DEVELOPMENT STANDARDS (2MJUSR19-08-1660) - GLOBAL ASSET RECOVERY, LLC
PAGE 5
46. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
47. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2020-1284
PL1983
Hello