HomeMy WebLinkAbout20202483.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION USk2O 1
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope , that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : USR20-0013
APPLICANT : JERRILYN STINAR , RICHARD AND MARGARET VOGL , C/O BURNCO , LLC . DBA
BESTWAY CONCRETE AND AGGREGATE
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING ( SAND , GRAVEL AND STONE ) MOBILE MINING
EQUIPMENT PARKING AND STORAGE AND EMPLOYEE AND VENDOR
PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE I -
25 REGIONAL URBANIZATION AREA AND THE A (AGRICULTURAL ) ZONE
DISTRICT.
LEGAL DESCRIPTION : E2SW4 AND SW4SW4 OF SECTION 36 , T3N , AND THE NW4NW4 OF SECTION
1 . T2N , ALL IN R68W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 11 . 25 ; NORTH OF AND ADJACENT TO CR 26 .
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 ordinance in effect .
Section 22-2- 10 . D states , " Extraction of natural resources is an important part of the economy of
the County . Such extraction operations should minimize the impacts to agricultural lands and
agricultural operations .'
The 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 general
construction and County road and regional highway construction industries . The agricultural lands
associated with the surface estate is underlain with a known viable aggregate deposit . With the
completion of mining , the site will be reclaimed as production agricultural lands and two (2 ) water
storage reservoirs .
Section 22- 5- 80 . B . CM . Goal 2 states " CM . Goal 2 . Promote the reasonable and orderly exploration
and development of mineral resources . "
Commercial mineral deposits known to be located in the County include sand and gravel , coal and
uranium . High-quality sand and gravel deposits in the County are found along major drainage
ways . This site is located adjacent to the St . Vrain River corridor . The area is classified as
Floodplain and Valley-fill deposits being water deposited gravel , sand silt and clay along present
stream courses and consists of sands ranging from coarse gravelly stream sands to fine grained
wind deposits . The project site is also adjacent and within Stream -terrace deposits consisting of
older stream deposits preserved as a bench flanking the present St . Vrain river course and consists
of gravels , relatively clean and sound and includes unevaluated aggregates per the Weld County
Sand Gravel Resources map of 1974 .
Section 22-5-80 . C CM . Goal 3 states " CM . Goal 3 . Minimize the impacts of surface and subsurface
mining activities on the surrounding land . land uses , roads and highways . "
The proposed mine may adversely impact the adjacent land uses and roads . The rural nature of
the area and the existing mining operations make the proposed mining operation and reclamation
plan compatible with surrounding land uses . Lands south of County Roads 26 and 24 . 5 have been
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 2
annexed into the Town of Firestone and contain the Shores Resource reclaimed mined lands for
water storage and the aggregate processing plant. Lands to the west contain rural residential houses
on tracts of land utilized for agrarian uses. Lands to the north contain the St.Vrain river corridor and
will not be mined with the Barefoot Lakes residential development beyond. Lands to the east contain
the Pelican Shores residential PUD and lake reservoirs. To address impact to the area roads, the
Weld County Department of Public Works is requesting a Road Maintenance Agreement including,
but not limited to,dust control and damage repair to specified haul routes as a Condition of Approval
to be accepted by the Board of County Commissioners prior to recording the USR map.
Section 22-5-70.D CM.Goal 4 states"Minimize hazardous conditions related to mining activities and
the mining site."
The proposed permit area is located West of and adjacent to County Road 11.25; North of and
adjacent to County Road 26 within parts of the St.Vrain river floodplain. Aggregate materials within
the proposed permit area are composed of stream and terrace deposits associated with the historic
river corridor drainage system.The terrace deposits within the proposed permit area extend from the
surface or near-surface to a variable depth of approximately ten (10) to twenty-two (22) feet
throughout the site. The aggregate material will be recovered using equipment typical for sand and
gravel mining operations. Earth moving equipment may include, but are not limited to loaders,
excavators and off-road haul trucks. The aggregate material from the pit may be temporarily
stockpiled within the pit or transported by overhead conveyor directly to the processing facility located
within the Town of Firestone corporate limits at the Shores Resource processing area, located near
County Road 24 and County Road 9.75. During mining and reclamation activities,watering trucks for
dust control will be used as needed. Since the material is unconsolidated deposits,no explosives or
blasting is required.
Section 22-5-80.E CM.Goal 5 states"Provide for timely reclamation of all mining sites and promote
their beneficial reuse."
Following temporary mining disturbances from the proposed Vogl Pit, reclamation will take place
concurrently with mining activities. The current land use on the properties is fallow ground and
irrigable lands. The use of this land will change to two (2)water storage reservoirs and reclaimed
agricultural lands. Most of the land surrounding the proposed permit area has similar uses of river
corridor, gravel mining and batch plants and limited rural residential development. With the river
corridor being undeveloped land in the surrounding area,maintaining this land as a river corridor is of
vital importance in helping preserve those qualities that make a river or stream suitable as a habitat
for wildlife, a site for recreation, and a source for other water uses.These corridors also allow the free
movement of wildlife from area to area within the region,help control erosion and river sedimentation,
and help absorb floodwaters consistent with the more regional land uses and for the continuation of
agricultural operations.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural)Zone
District.
Chapter 23, Article III, Section 23-3-40.S of the Weld County Code provides for a Site Specific
Development Plan and Use by Special Review for open mining (sand, gravel and stone) mobile
mining equipment parking and storage and employee and vendor parking outside of subdivisions and
historic townsites, and Chapter 26,Article II, Section 26-1-50 provides for an exemption to the PUD
District provisions and will require a Use by Special Review (USR) application for sand and gravel
mining operations in the 1-25 Regional Urbanization Area and 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 adjacent lands in Weld County consist of agricultural uses, mining, the river corridor, rural
residences and a large lot residential development patterns.There are several residences in the near
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 3
vicinity to the proposed aggregate mine site with both the rural residential tracts and the large
residential estate tracts Lands annexed into the Town of Firestone south of this location are in lined
water storage reservoirs.
There are multiple historic USRs within one mile of the site for aggregate mining operations, oil and
gas production facilities, and a 6000 head dairy. There are also current USRs within one mile of the
site for the Aurora Organic Dairy Processing Facility and the Southwest Service Center
communications tower.
Colorado Parks and Wildlife (CPW) returned a referral response dated June 28, 2020 with several
recommendations specific to wildlife corridors and retention of wildlife habitat; potential raptor nests;
bald eagle concentration areas, tree replacement due to loss of trees during mining, noxious weed
control. Further stating, by keeping these riparian corridors intact,not only does it provide habitat for
wildlife but it also helps mitigate conflicts between wildlife and people. Fragmented landscapes often
push wildlife into urban areas where they come in conflict with people. Riparian corridors provide
habitat and movement corridors that help mitigate conflicts with people.
Weld County Department of Public Health and Environment in their referral dated July 6, 2020,
indicated that noise associated with this facility is restricted to the level allowed in the industrial zone
district. The sound engineer's analysis indicates the industrial limit can be met twenty-five(25)feet
off the property line and the residential limit can be met at adjacent residences as long as the
following noise mitigation requirements are complied with as stipulated in the noise analysis.
The State of Colorado Division of Water Resources in their referral dated June 11, 2020 indicated
that"if reclamation of the mine site will produce a permanent water surface exposing groundwater to
evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court
at least three years prior to the completion of mining to include, but not be limited to, long-term
evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of
lagged depletions shall continue until there is no longer an effect on stream flow."
The Weld County Department of Planning Services, Floodplain Administrator in their referral dated
June 16,2020 indicated that the project boundary is encumbered by the Saint Vrain River Floodplain
and that any construction or other development occurring within the boundary would require a
Floodplain Permit.
The Weld County Department of Planning Services sent notice to fifteen (15)Surrounding Property
Owners. Planning staff received no letters or telephone calls concerning the application.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,a
Decommissioning Plan for vertical improvements,a Communication Plan,a Landscape (earth berm)
and Screening Plan to mitigate the impacts on the residential development patterns to the west and
east and an Improvements Agreement (for roads and traffic). The Development Standards and
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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 site is located within a three(3)mile referral area of four(4)municipalities,specifically the Towns
of Frederick, Firestone and Mead and the City of Longmont. As previously stated,the project site is
also located are located within the existing Intergovernmental Agreement Area / Coordinated
Planning Area for the Towns of Firestone and Mead.
The 2013 Firestone Master Plan, Master Plan Map delineates the site as within their Urban Growth
Boundary within a defined use of riparian river corridor open space and residential low-density
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 4
development patterns. The Town of Firestone did not return a referral response.
The 2015 Frederick Comprehensive Plan and updated 2019 Land Use Plan delineates the project
site as outside of the Town's Growth Management Area. The Town of Frederick referral dated June
9, 2020 stated, "we have reviewed the request and find no conflicts with our interests."
The 2018 Town of Mead Comprehensive Plan, Future Land Plan delineates the project site as
outside of the Town's Planning Influence Area. The Town of Mead referral dated June 30, 2020
stated, "we have reviewed the request and find no conflicts with our interests."
The 2016 City of Longmont Multi-modal&Comprehensive Plan's Growth Framework Plan delineates
the project site as outside of the City Planning Area. The City of Longmont referral dated June 6,
2020 stated, "we have reviewed the request and find no conflicts with our interests."
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Airport or Geologic Hazard Overlay District or MS4 - Municipal
Separate Storm Sewer System area. The project site is within a Special Flood Hazard Area
according to the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
Community Panel No. #08123C-1890E effective date January 20, 2016 (Saint Vrain River
Floodplain).). Portions of the project site lie within Zone AE, which is within the 100-year floodplain.
All structures will be anchored to protect against flooding and all electrical components will be
installed a minimum of 1 foot above the 100-year flood elevation. Portions of the site are also located
within the 1-25 RUA.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
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 proposed mine site is located on approximately 78 acres of Prime(Irrigated), approximately 27
acres of"Irrigated Land (Not Prime)" and approximately 55 acres of"Other Land" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The lands associated with
productive agricultural practices and identified as Prime Agricultural lands will be restored to native
ground post mining. Therefore,given this proposed reclamation plan,no prime agricultural land will
be removed due to mining.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section 23-2-
250,Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall attempt to address the concerns of the Mountain View Fire Rescue referral
relating to the fuel operations, even if temporary, requiring approval by the Fire District. A written
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 5
response shall be provided to the Department of Planning Services. (Mountain View Fire Rescue)
B. The applicant shall address the concerns of the Kerr-McGee Gathering, LLC referral relating to
conformity of rights-of-way in conjunction with mining operations. A written response shall be
provided to the Department of Planning Services. (Kerr-McGee Gathering, LLC)
C. A Road Maintenance Agreement is required at this location. Road maintenance includes,but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
D. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. 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)
E. A Communication Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
F. A Screening Plan shall be submitted to and approved by the Department of Planning Services that to
screen the outdoor storage of vehicles and equipment on site from the Surrounding Property Owners
and public rights-of-way. (Department of Planning Services)
G. A Landscape Plan shall be submitted to and approved by the Department of Planning Services that
address the earth berm to screen the production and processing area of the site from the
Surrounding Property Owners and public rights-of-way. (Department of Planning Services)
H. A Decommissioning Plan for all permanent and temporary structures,including equipment associated
with the aggregate conveyor associated with the aggregate mine shall be submitted to and approved
by the Department of Planning Services. (Department of Planning Services)
I. The applicant shall submit a letter to the Department of Planning Services requesting that USR-642
be rescinded and vacated.
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0013 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the screening in accordance with the approved Screening Plan.
(Department of Planning Services)
6. 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)
7. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
8. Show and label all recorded easements and rights-of-way by book and page number or reception
number and date. (Department of Planning Services)
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 6
9. County Road 26 is a paved/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)
10. County Road 11.25 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)
11. Show and label the approved access locations, approved access width and the appropriate
turning radii (60')on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public Works)
13. 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)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
16. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
17. 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. (Department of
Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 7
Floodplain)
B. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
C. If more than one(1) acre is to be disturbed for construction outside of the sand and gravel mining
area, a Weld County grading permit will be required. (Department of Public Works)
5. Prior to Operation - Mining:
A. 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)
B. 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)
6. Prior to Reclamation:
A. The applicant shall submit a plan for augmentation to the Division 1 Water Court at least three years
prior to the completion of mining to include, but not be limited to, long-term evaporation losses and
lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall
continue until there is no longer an effect on stream flow. A written response of this action taken shall
be provided to the Department of Planning Services. (Colorado Division of Water Resources)
7. 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)
Motion seconded by Dwaine Barclay.
VOTE:
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 8
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 4, 2020.
Dated the 4th of August, 2020
Michelle Wall
Secretary
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Burnco—Vogl Stinar Pit
USR20-0013
1. Site Specific Development Plan and Use by Special Review, USR20-0013,for open mining(sand,gravel
and stone) mobile mining equipment parking and storage and employee and vendor parking outside of
subdivisions and historic townsites and within the 1-25 Regional Urbanization Area and the A(Agricultural)
Zone District, 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 sand and gravel operations shall be conducted during the hours of daylight except in the case of a
declared emergency disaster or in the case of a declaration requiring night construction, public or
private emergency, or to make necessary repairs to equipment. This restriction shall not apply to
operation of administrative and executive offices or repair facilities located on the property.(Department
of Planning Services)
4. The number of on-site employees shall be up to five (5). (Department of Planning Services)
5. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
6. 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)
7. The proposed screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
8. The Property Owner shall maintain compliance with the approved Communication Plan. (Department of
Planning Services)
9. The Property Owner shall maintain compliance with the approved Decommissioning Plan. (Department
of Planning Services)
10. 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)
11. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151h 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)
12. At the conclusion of the extraction of aggregate resources from the defined mine boundary,the overhead
conveyor shall be removed from the property. (Department of Planning Services)
13. 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)
14. 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)
15. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 10
16. 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)
17. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
18. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features.(Department of
Public Works)
21. 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)
22. 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)
23. 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)
24. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions,blowing debris, and other potential nuisance conditions.The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
25. 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.(Department of Public Health and Environment)
26. 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)
27. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise modeling
report. (Department of Public Health and Environment)
28. 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)
29. Adequate drinking,hand washing, and toilet facilities shall be provided for employees and patrons of the
facility,at all times. Any On-Site Wastewater Treatment system located on the property must comply with
all provisions of the Weld County Code, pertaining to On-Site Treatment Systems.(Department of Public
Health and Environment)
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 11
30. 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 existing adjacent residential properties and public rights-of-way. (Department of Public Health and
Environment)
31. 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)
32. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department of Public Health
and Environment)
33. 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)
34. The operation shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health
and Environment)
35. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
36. 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)
37. 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-1890E effective date January 20, 2016 (Saint Vrain 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.(Department of Planning Services-
Floodplain)
38. 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)
39. Sources of light shall be shielded so that light rays 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)
40. Building permits maybe required,for any new construction or set up manufactured structure,per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County:2018 International Building
Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical
Code; and Chapter 29 of the Weld County Code.A plan review shall be approved, and a permit must be
issued prior to the start of construction. (Department of Building Inspection)
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 12
41. The property owner or operator shall be responsible for complying with the Open-Mining Standards of
Chapter 23, Division 4 of the Weld County Code. (Department of Planning Services)
42. 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)
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 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)
45. 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.
46. 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.
47. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state
face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover,these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
48. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
RESOLUTION USR20-0013
JERRILYN STINAR, RICHARD AND MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND
AGGREGATE
PAGE 13
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, sandburs, 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.
EXHIBIT
L kwes I
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETINGseeilLes.
Wq / zczo '' • 0013
Tuesday , August 4 , 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Vice Chair ,
Gene Stille , at 12 : 34 pm .
Roll Call .
Present: Butch White , Dwaine Barclay , Elijah Hatch , Gene Stille , Lonnie Ford , Sam Gluck , Skip Holland ,
Tom Cope , Troy Mellon .
Absent/Excused :
Also Present : Kim Ogle , Jim Flesher, and Tom Parko , Department of Planning Services ; Lauren Light ,
Department of Health ; Zack Roberson , Department of Public Works ; Bob Choate , County Attorney , and
Michelle Wall , Secretary .
CASE NUMBER : USR20-0013
APPLICANT : JERRILYN STINAR , RICHARD AND MARGARET VOGL , CIO BURNCO , LLC ,
DBA BESTWAY CONCRETE AND AGGREGATE
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND . GRAVEL AND STONE ) MOBILE MINING
EQUIPMENT PARKING AND STORAGE AND EMPLOYEE AND VENDOR
PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
1 -25 REGIONAL URBANIZATION AREA AND THE A (AGRICULTURAL ) ZONE
DISTRICT .
LEGAL DESCRIPTION : E2SW4 AND SW4SW4 OF SECTION 36 , T3N , AND THE NW4NW4 OF SECTION
1 , T2N , ALL IN R68W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 11 . 25 ; NORTH OF AND ADJACENT TO CR
26 .
Kim Ogle , Planning Services , presented Case USR20-0013 , reading the recommendation and comments
into the record . The Department of Planning Services sent notice to 15 surrounding property owners within
500 feet of the proposed development . Staff received no letters or phone calls regarding the application .
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards .
Commissioner Mellon said he saw in the record that the Town of Firestone wished to pursue annexation ,
but he did not see any paperwork showing the town decided not to pursue it. Mr . Ogle explained the
Coordinated Planning Agreement allows the town to respond within 21 days . The applicants met with
Firestone and the applicant informed Mr . Ogle that they did not wish to pursue annexation . Staff suggested
Commission Mellon direct his question to the applicant to inquire whether there is any paperwork . Mr. Ogle
said the Planning Department has not received any correspondence from the Town of Firestone regarding
annexation .
Zack Roberson , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site .
Commissioner Holland asked staff what major corridors will be affected by the increase of truck traffic . Mr.
Roberson explained the trucks will use Colorado Boulevard , Highway 66 , 1 -25 and/or Highway 85 . Colorado
Boulevard will be the road most affected by the traffic . Commissioner Holland asked if any road
improvements , such as turning lanes will be required . Mr . Roberson said based on the traffic impact study
that was done , no special upgrades will be required , and the road is adequate .
Commission Mellon asked if there are any weight restrictions for truck loads . Staff replied the standard
weight restrictions apply . Commissioner Mellon asked if the infrastructure of Colorado Boulevard can
handle the weight loads ; He said he is concerned about bridges and culverts . Mr. Roberson said the road
is paved and adequate .
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Mark Johnson, BURNCO Colorado, LLC. Mr. Johnson stated that the trucks do not run with overweight
loads.
Andy Rodriguez, Civil Resources, 323 5'" Street, Frederick, Colorado. Mr. Rodriguez explained he is a
consultant retained by BURNCO. BURNCO currently operates 5 mines and 5 concrete plants in Weld
County. They have contributed to the development of reclaimed water storage vessels, made available to
various municipalities and water providers in the area, in conjunction with their reclamation plans.
He said that BURNCO plans to mine the Vogl/Stinar property just north of the existing Shores Gravel Mine.
Mr. Rodriguez said the site is 160 acres, but they plan to mine 70 to 80 acres. They plan to construct a
6,000 linear foot slurry wall. He said there is approximately 3 to 4 million tons of resource available. Mr.
Rodriguez explained the majority of truck traffic will haul topsoil and overburden. With the conveyor, he
said there will be minimal truck trips. They propose to convey gravel material over to the existing Shores
Gravel Mine. The maximum truck trips allowed is 120 trips per day. There will be a full-time water truck
used for dust suppression. Mr. Rodriguez said they will reclaim the site for open water storage and
agricultural land.
Mr. Rodriguez said BURNCO has completed or is in the process of finalizing all required permits.
Commissioner Holland asked Mr. Rodriguez if there are public health or safety issues associated with the
failure of the slurry wall. Mr. Rodriguez replied there are not any issues. If there was a failure, it would be
leaked ground water with no contamination. Commissioner Holland asked if this project would interfere
with any irrigation water rights. Mr. Rodriguez said no.
Commissioner Gluck explained he is familiar with the site and the area and asked the applicant if this is a
similar project to the other existing mine sites in the surrounding area. Mr. Rodriguez replied that it is.
Commissioner Cope asked if the conveyor belts would be under the road or over the road. Mr. Rodriguez
answered that the conveyors would go over the road. Commissioner Cope asked if aggregate and ready-
mix concrete will be sold from the site. Mr. Johnson replied that the majority of overburden from the north
will be needed to backfill the south. Topsoil will be trucked out of this location, but the existing site sells the
aggregate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Ceresa, President of Pelican Shores South HOA, 5807 Pelican Shores Court, Longmont, Colorado.
Mr. Ceresa explained that the HOA Board and residents have concerns regarding traffic, noise, and dust
abatement. He said the HOA Board is in support of the project because of BURNCO's willingness to
address and listen to their concerns. Mr. Ceresa said their main concern is water.
Commissioner Holland asked Mr. Ceresa if they are in negotiations with BURNCO about water issues. Mr.
Ceresa said they are. Mr. Ceresa explained that part of the mining operations, BURNCO would be
removing ground water. He said that the Pelican Shores subdivision has a lake that surrounds the majority
of the property. Mr. Ceresa said the lake was an unlined gravel mine in the past. They are concerned that
removing ground water could cause a hydrological imbalance to their lake. Mr. Ceresa said that BURNCO
and Pelican Shores have been working together to find a solution.
Commissioner Gluck asked Mr. Ceresa if the HOA owns the water rights. Mr. Ceresa said they are currently
in negotiations with the State Water Board to achieve the water in their lake. He said they currently have
the right to keep the water in place along with a water augmentation plan.
The Chair closed public comment.
Mr. Rodriguez explained the water concern has been mitigated. He said that dust abatement will be a
requirement. The noise study showed residential noise levels and plan to keep noise levels low for nearby
residents.
Commissioner Gluck asked the applicant how long they anticipate the duration of the project from mining
to reclamation. Mr. Rodriguez replied 8 to 10 years.
Commissioner Holland asked the applicant what method they will use for controlling the dust. Mr. Johnson
said primarily they will use water spraying, but they may use mag chloride if needed.
Commissioner Mellon asked Mr. Johnson what the normal working hours of the site will be. Mr. Johnson
replied they normally work daylight hours and some Saturdays if required.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR20-0013 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Commissioner Holland said the recommendation of approval is consistent with Section 23-2-220 Items A.1
—A.7 of the Weld County Code. He also complemented the staff for the fine job they did in preparing their
recommendation.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:59 pm.
Respectfully submitted,
Michelle Wall
Secretary
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