HomeMy WebLinkAbout20201286.tiffPlanner:
Case Number:
Applicant:
Request:
Legal Description:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
2MJUSR19-08-1660 Hearing Date: August 20, 2019
Global Asset Recovery, LLC
6530 Constitution Drive, Fort Wayne, IN 46804-1550
A Site Specific Development Plan and 2nd Amended Use by Special Review
Permit No. USR-1660 for Mineral Resource Development Facilities including open
pit mining — sands, gravels and stones 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.
Lot B of Recorded Exemption, RECX16-0165 and Lot B of Recorded Exemption,
RE -1638; being part of NE4 of Section 4, T5N, R65W of the 6th P.M., Weld County,
CO
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road
62; West of and adjacent to N. Cherry Avenue
Size of Parcels: 141.42 acres, more or less
Parcel Numbers: 0961-04-1-00-011 and 0961-04-0-00-067
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:
• Weld County Department of Planning Services — Floodplain, referral dated July 1, 2019
• Weld County Department of Environmental Health, referral dated July 8, 2019
• State of Colorado, Division of Water Resources, referral dated July 12, 2019
• City of Greeley, referral dated July 17, 2019
• Weld County Department of Public Works, referral dated July 19, 2019
The Department of Planning Services' staff has received responses from the following agencies without
comment:
• Western Hills (Greeley) Fire Protection District, referral dated June 21, 2019
• Weld County Sheriff's Office, referral dated June 24, 2019
• Weld County Zoning Compliance, referral dated June 28, 2019
• Town of Garden City, referral dated July 2, 2019
North Weld County Water District referral dated July 17, 2019
• State of Colorado, Department of Transportation, referral dated July 22, 2019
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
• City of Evans
• Town of Kersey
• History Colorado
• Noble Energy Inc.
• Extraction Oil & Gas Company
• West Greeley Conservation District
• State of Colorado Parks and Wildlife
• Weld County — Greeley Airport Authority
• Weld County Office of Emergency Management
• State of Colorado Division of Mining Reclamation Safety
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 2
Case Number:
LAND USE APPLICATION
SUMMARY SHEET
2MJUSR19-08-1660 Hearing Date: August 20, 2019
Applicant: Global Asset Recovery, LLC
6530 Constitution Drive, Fort Wayne, IN 46804-1550
Request:
Legal Description:
A Site Specific Development Plan and 2nd Amended Use by Special Review
Permit No. USR-1660 for Mineral Resource Development Facilities including open
pit mining — sands, gravels and stones 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.
Lot B of Recorded Exemption, RECX16-0165 and Lot B of Recorded Exemption,
RE -1638; being part of NE4 of Section 4, T5N, R65W of the 6th P.M., Weld County,
CO
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road
62; West of and adjacent to N. Cherry Avenue
Size of Parcels: 141.42 acres, more or less
Parcel Numbers: 0961-04-1-00-011 and 0961-04-0-00-067
Narrative:
The 142± acre permit boundary contains seven (7) phases or areas of planned extraction totaling 75.21±
acres. The phases range in size from approximately 6.81 acres to 17.75 acres in area. The mine will be
will be dewatered and dry mined with installation of a slurry wall. The aggregate deposit varies in
composition, depth and extent. Generally, there is 2.5-11 feet of overburden with the mineral deposit up to
approximately 90 -feet in depth. Annual production is expected to be between 150,000 and 250,000 tons
depending on market demands. This production rate translates to 17 to 28 months of time required to mine
each phase. The mining activities including reclamation will be approximately 15-18 years.
The mine operation will include a dry screen, a crusher, an electrical/control trailer, conveyors, and stacking
facilities. All aggregate will be mined with an excavator and/or loader with the raw product being
conveyed to the current processing facility located east of County Road 41.5 (North Balsam Avenue) via
haul trucks and conveyors. A scale and scale operator trailer are located at the entrance to the aggregate
processing facility area.
The mine will be reclaimed as a lined water storage reservoir with 2 cells. All disturbed areas will be
reclaimed and seeded with the seed mix when the reclamation activity for each phase is completed. A berm
will be installed along a portion of the west property line near the entrance, and evergreen trees will be
planted along the perimeter of the mine for screening. The berms will be constructed and plant material
will be planted prior to the beginning of mining activities.
All traffic to and from the site will use Eighth Street and County Road 41 1/2 (North Balsam Avenue). There
will be one entrance to the aggregate processing facility utilizing the existing access and access permit
(AP16-00450) unless required to be amended.
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 3
All commercial traffic exiting the site will travel south on County Road 41 1/2 to Eighth Street. All commercial
traffic, with the exception of local deliveries, will then proceed west on Eighth Street to US Hwy 85 or east
on Eighth Street. The reverse of this travel route is anticipated for inbound commercial traffic.
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 22-5-80.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.
Section 22-5-80B 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 that this property has 3-11 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, have an effect on the successfulness of the
general construction and highway construction industries. After the extraction of materials, the
majority of these sites yield much -needed water storage and recreation possibilities.
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 entrance to the Broken Arrow Mine.
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."
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
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 4
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 23-2-220.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
a Special Review Permit for a Mineral Resource Development Facilities including Open Pit Mining
and Materials Processing (sand, gravel and stone), and Section 23-3-40.W uses similar to the uses
listed as an 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.
C. Section 23-2-220.A.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 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 N. Balsam
Avenue to the west; County Road 62 to the north; N. Cherry Avenue to the east. 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.
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 affidavits of personal knowledge, one office visit and two
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 Department of Planning Services that the Development
Standards will address the concerns raised by the surrounding property owners.
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 City of Greeley,
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 5
City of Garden City and City of Evans and the Town of Kersey are within the three-mile referral
area of the project site.
The City of Greeley in their 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 in the near future, traffic increases substantially from this site or other adjacent
properties, the City of Greeley is requesting a meeting with Weld County Public Works to
discuss potential improvements and/or maintenance cost agreements to address the impacts
to both jurisdiction's 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.
The Town of Garden City in their referral dated July 2, 2019, had no concerns and the Towns of
Evans and Kersey did not provide a referral response.
E. Section 23-2-220.A.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; 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.
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 is
historically has been utilized as an active mine and processing area and a rural residence on
production 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 23-2-220.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.
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 6
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 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.
(Department of Public Works)
B. The applicant shall complete all outstanding Improvements Agreement requirements for MUSR16-
85-690.
C. If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the
owners of the property crossed by the access. The access shall be for ingress, egress, utilities and
shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D. The applicant shall develop and submit a Communication Plan for the purpose of providing notice
to surrounding property owner of the activities occurring on the property for review and acceptance
by the Department of Planning Services. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR19-08-1660. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Balsam Avenue is a gravel 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 on the 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. 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. (Department of
Public Works)
5. County Road 43 (Cherry Avenue) is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires
80 feet of right-of-way at full buildout. The applicant shall delineate and label on the 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. 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. (Department of Public Works)
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 on the plat the future and existing
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 7
right-of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. 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.
(Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public Works)
8. 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)
9. Show and label a minimum 30 -foot wide access and utility easement needed to provide legal
access to the parcel on the site plan if applicable. (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. Should exterior lighting be a part of this facility, all light standards shall be shown on the USR
Map shall adhere to Chapter 23, Article IX, Section 23-9-40 of the Weld County Code.
(Department of Planning Services)
13. 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)
14. Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA
Flood Zone and FEMA Map Panel Number. (Department of Planning Services — Floodplain)
15. 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)
16. If exterior lighting is proposed the operator should consider to incorporate the dark sky policy,
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. (Department of Planning Services)
17. 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)
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. (Department of Public Works)
B. The approved tracking control shall be constructed prior to on -site construction. (Department of
Public Works)
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
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 8
of acceptance to the Department of Planning Services. (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 Mining Reclamation and Safety. (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 2005-7 approved June 1, 2005, should the map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Global Asset Recovery LLC
do Broken Arrow Investments, LLC
2MJUSR19-08-1660
1. A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1660 for
Mineral Resource Development Facilities including open pit mining — sands, gravels and stones 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. (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 applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. The applicant shall operate
in accordance with 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 should comply with
the Colorado Air Quality Commission's air quality regulations. The applicant shall operate in accordance
with 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. The facility shall operate in accordance with the accepted Noise Control
Plan. (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. 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. (Department of Public
Health and Environment)
11. Adequate drinking, hand washing 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
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 10
licensed in Weld County and shall contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (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)
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. (Department of Public Health and Environment)
14. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
15. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
16. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
19. 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)
20. 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)
21. 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)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public Works)
24. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Department of Public Works)
25. 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)
26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 11
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 #s 08123C-1541 E 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 by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.. (Department of Planning
Services - Floodplain)
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. (Department of Planning Services - Floodplain)
30. 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)
31. 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)
32. 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)
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. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has 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. (Department of Building Inspection)
35. Building Permits issued on the parcel(s) 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)
36. The number of employees associated with the daily operations of mining and processing operations is
limited to 10 persons per shift. (Department of Planning Services)
37. 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)
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 12
38. All sand and gravel operations shall be conducted during the hours of daylight except in the case of
public or private emergency, or to make necessary repairs to equipment. This restriction shall not
apply to operation of administrative and executive office or to repair facilities located on the property.
(Department of Planning Services)
39. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15' 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)
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.
42. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, 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 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)
45. 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.
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 Division
4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
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. (Department of Planning Services)
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
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 13
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
49. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County maybe open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law 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.
Global Asset Recovery, LLC
c/o Broken Arrow Investments, LLC.
2MJUSR19-08-1660
Page 14
July 30, 2019
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
HODGE KELLY
801 8TH STREET SUITE 130
GREELEY, CO 80631
Subject: 2MJUSR19-08-1660 - A Site Specific Development Plan and 2nd Amended Use by Special
Review Permit No. USR-1660 (for Mineral Resource Development Facilities including open pit mining —
sands, gravels and stones 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 parcel(s) of land described as:
LOT B RECX16-0165 AND LOT B RE -1638; BOTH BEING PART NE4 SECTION 4, T5N, R65W of the
6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 20, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 11,
2019 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
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
June 19, 2019
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
HODGE KELLY
801 8TH STREET SUITE 130
GREELEY, CO 80631
Subject: 2MJUSR19-08-1660 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities including Open Pit Mining (sand, gravel and stone) and materials
processing the A (Agricultural) Zone District
On parcel(s) of land described as:
PT NE4 SECTION 4 T5N R65W LOT B REC EXEMPT RECX16-0165 of the 6th P.M., Weld County,
Colorado.
PT NE4 SECTION 4 T5N R65W LOT B REC EXEMPT RE -1638 (3.60R) 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Evans at Phone Number 970-475-1170
Garden City at Phone Number 970-351-0041
Kersey at Phone Number 970-353-1681
Greeley at Phone Number 970-350-9780
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Planner
FIELD CHECK - Global Asset Recovery, LLC
Inspection Date: August 2, 2019
Request: Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone District
to the A (Agricultural) Zone District
A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1660
for Mineral Resource Development Facilities including open pit mining — sands, gravels and stones
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.
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road 62; West of and
adjacent to N. Cherry Avenue
Zoning
Land Use
N
A (Agricultural)
N
Agricultural with residence
E
A (Agricultural)
E
Agricultural with residences
S
City of Greeley
S
Vacant Lands
W
A (Agricultural)
W
Mining Activity and rural residences
The surrounding land uses include irrigated and non -irrigated agriculture lands, rural residences, oil
and gas encumbrances and pipeline corridors. 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 N. Balsam Avenue
(gravel) to the west; County Road 62 (paved) to the north; N. Cherry Avenue (paved) to the east.
There is one access to the current mine site that is to be utilized for all current and future mining activities.
The access is gated when the mine is not in operation. Access is out of the property onto a Cunty
maintained road with all vehicles heading south. Past the south property line are lands and road right-of-
way that have been annexed into the City of Greeley.
A new berm is established adjacent to Balsam Avenue, north of the entrance in lieu of the Austrian Pines
that have long ago expired and were removed.
There are oil and gas encumbrances on the property operated by Noble Energy and a plugged and
abandoned well from Extraction .
Kim Ogle, Planner
Hello