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Legal Description:
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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR19-0075 Hearing Date: April 21, 2020
Richard and Patricia Huwa, 34216 County Road 16, Keenesburg, CO
c/o Arnolds Custom Seeding, LLC, 4626 County Road 65, Keenesburg, CO
A Site Specific Development Plan and Special Review Permit, USR19-0075 for Open
Pit Mining (topsoil, overburden, sand, gravel and stone) and processing of materials in
the A (Agricultural) Zone District.
Northwest quarter of Section 35, Township 2 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Road 69, South of and adjacent to County Road 16
160 acres, more or less; 155 acres more or less to be mined
1303-35-0-00-003
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:
State of Colorado, Division of Water Resources, referral dated February 20, 2020
Weld County Public Health and Environment, referral dated March 4, 2020
Weld County Department of Public Works, referral dated March 10, 2020
Henrylyn Irrigation District, referral dated March 16, 2020
The Department of Planning Services' staff has received responses from the following agencies without
comment:
Y Weld County Zoning Compliance, referral dated February 11, 2020
Y Southeast Weld Fire Protection District, referral dated February 12, 2020
Y Weld County Sheriff's Office, referral dated February 27, 2020
Y Colorado Parks and Wildlife, referral dated March 1, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Office of Emergency Management
State of Colorado Division of Reclamation Mining
Safety
Colorado Department of Transportation
XCEL Energy, Inc.
Southeast Weld Conservation District
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USR19-0075
Page 1
Planner:
Case Number:
Applicant:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR19-0075 Hearing Date: April 21, 2020
Richard and Patricia Huwa, 34216 County Road 16, Keenesburg, CO
do Arnolds Custom Seeding, LLC, 4626 County Road 65, Keenesburg, CO
A Site Specific Development Plan and Special Review Permit, USR19-0075 for Open
Pit Mining (topsoil, overburden, sand, gravel and stone) and processing of materials in
the A (Agricultural) Zone District.
Legal Description: Northwest quarter of Section 35, Township 2 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
Location:
Size of Parcel:
Parcel Number:
East of and adjacent to County Road 69, South of and adjacent to County Road 16
160 acres, more or less; 155 acres more or less to be mined
1303-35-0-00-003
Narrative:
The 160 ± acre permit boundary contains one (1) area of planned extraction totaling 155 ± acres. The
property will be used to remove 310,000 tons of topsoil. The top four (4) inches of topsoil will be stripped
and piled for reclamation using a dozer. The remaining eight (8) inches of topsoil will be stripped and piled
using a dozer and frontend loader. It will then be loaded onto trucks using a frontend loader and hauled
offsite. The total disturbance depth will not exceed 24 inches. Following disturbance, the property will
be reclaimed and restored to its current use as cropland.
Two (2) full time employees will be onsite at a given time. Seventeen (17) total employees will be utilized
for this operation. One operator for the scraper, one operator for the loader, and fifteen (15) semi -truck
drivers for hauling.
All mineral product will be transported will be trucked off site. Haul routes from the site will head east on
County Road 16 for approximately 3.1 miles, turning north onto County Road 63 for approximately 0.3
miles and County Road 161/2 for approximately 2.0 miles. The number of vehicles access the site daily
will not exceed seventeen (17) vehicles: two (2) round trips for employees, fifteen (15) round trips for the
truck drivers driving the gravel trucks. The approximate time frame for the extraction of the topsoil is twenty-
four (24) months with reclamation to follow.
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:
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USR19-0075
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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 22-2-20.A (A.Goal 1) states: "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture." Following mining, the reclaimed land use will be reclaimed as
productive agricultural lands.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of
mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1,
1975, the property is classified as Valley -Fill deposits having unevaluated aggregate deposits of
gravel, sand, silt and clay. The application materials indicated that this property has limited
overburden and that extraction activities will remove approximately twenty-four (24) inches less the
first four (4) inches of topsoil from the natural grade of the surface.
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." The Department of Public
Works is requiring an Improvements and Road Maintenance Agreement for road maintenance and
future improvement triggers. The agreement will detail the approved haul route(s), outline when off -
site improvements will be triggered, and include a maintenance agreement for the haul routes
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 extraction of the resource will commence on lands
in the north and move in a southerly direction across the site. As stated in the application there will
be no materials processing of materials on this property. The applicant proposes to utilize trucked
in water 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 and Safety,
Division/DRMS, Permit No. M2016-022, conditionally approved on September 6, 2019.
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.A.3 of the Weld County Code provides for a Site Specific Development
Plan and Special Review Permit for Open Pit Mining (topsoil, overburden, sand, gravel and stone)
and processing of materials 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 area is comprised of irrigated and non -irrigated agricultural lands. A
115kV Transmission Line flanks the west property line (USR-1186) and within one-half mile are
two private airstrips, (USR-1173) south of County Road 16 and (USR-868) north of County Road
16. The relatively rural nature of the area and the current and proposed mining operations make
this proposed mining operation and reclamation plan compatible with surrounding land uses.
The Weld County Department of Planning Services sent notice to ten (10) Surrounding Property
Owners. Planning staff received no correspondence from property owners within 500 feet of the
parent parcel. There are twenty-two (22) residences located within one mile of the proposed mine
site. The Department of Planning Services has received no telephone calls or correspondence
concerning this land use application.
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. There are no
municipalities within the three-mile referral area of the project site.
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USR19-0075
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The proposed permit area currently consists of irrigated lands and in general the surrounding
property is primarily irrigated and non -irrigated agricultural lands. Planning Staff believes that, with
the endorsement of the Conditions of Approval, contained in this recommendation, the approval of
this use will not jeopardize the health, safety and welfare of the surrounding property owners.
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, the MS4 area, the Geologic Hazard
and Airport Overlay Areas.
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. (Department of Planning
Services)
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 160 acres of "Prime" agricultural lands. The "Prime" agricultural lands will be taken
temporarily out of production with this proposal for the period of topsoil mining and returned to
cropland as the post mining use. The land has limited physical improvements, three (3)
outbuildings/storage sheds.
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. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of
Water Resources, as stated in the referral response dated February 20, 2020. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall attempt to address the requirements (concerns) of Henrylyn Irrigation District,
as stated in the referral response dated March 16, 2020. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
C. Public Works is requesting an Improvements and Road Maintenance Agreement with triggered off -
site improvements. Road Maintenance includes, but is not limited to, dust control and damage
repairs to specified haul routes. (Department of Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0075. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
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USR19-0075
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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 14 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 16 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 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)
6. County Road 69 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)
7. Show and label the approved access location and access type(s) (Agricultural, Residential,
Commercial/Industrial and/or Oil and Gas), approved access width (24' to 40' measured at the
right-of-way line) and the appropriate turning radii (60') on the site plan. The applicant must
obtain an access permit in the approved location prior to operation. (Department of Public
Works)
8. Show and label the approved tracking control on the site plan. (Department of Public Works)
9. 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)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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. (Department of Planning Services)
13. The map shall delineate the parking area for the Dozer, the Front End Loader, the fifteen (15)
gravel trucks and for the two (2) employees. (Department of Planning Services)
14. Show the privacy fencing to screen the mining equipment and parking areas for the employees
from adjacent property and public road rights -of -way.
15. Show and label all recorded easements on the map by book and page number or reception
number and date.
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16. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-70.E of the Weld County Code.
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 for construction outside of the gravel mining area, 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 Mining Reclamation and Safety. (Department of Planning
Services)
D. 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)
3. The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
4. 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)
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 added for each additional
three (3) month period. (Department of Planning Services)
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USR19-0075
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arnold's Custom Seeding, LLC
USR19-0075
1. A Site Specific Development Plan and Special Review Permit, USR19-0075 for Open Pit Mining
(topsoil, overburden, sand, gravel and stone) and processing of materials 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 thatcontrols 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)
6. 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)
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, sand, soil 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 facility and high -volume roads in consultation with
the Department of Public Works. (Department of Public Health and Environment)
11. 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)
12. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
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USR19-0075
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13. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
14. 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)
15. 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)
16. 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)
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
18. 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)
19. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
20. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
23. 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)
24. 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)
25. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light 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.
(Department of Planning Services)
26. 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)
27. 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)
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28. 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)
29. The number of employees associated with the daily operations of mining and processing operations is
limited to 2 persons, as stated by the applicant. (Department of Planning Services)
30. The number of truck drivers is limited to 15 persons, as stated by the applicant. (Department of
Planning Services)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the open -mining standards of
Section 23-4-250, Weld County Code.
35. 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)
36. 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. (Department of Planning Services)
37. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated. -(Department of Planning Services)
38. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified by the landowner,
or when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to
vacate the Use by Special Review Permit. (Department of Planning Services)
39. 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
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4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
40. 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)
41. 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.
42. 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; 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
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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.
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February 12, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
ARNOLDS CUSTOM SEEDING, LLC
4626 COUNTY ROAD 65
KEENESBURG, CO 80643
Subject: USR19-0075 - A Site Specific Development Plan and Special Review Permit for Open Mining
and processing of minerals (topsoil, overburden, sand, gravel and stone) in the A (Agricultural) Zone
District
On parcel(s) of land described as:
W2 SECTION 35, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 21, 2020, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 13, 2020 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
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
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
Planner
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