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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION SS �
O
N R
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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 : USR20-0030
APPLICANT : CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY . C/O
L . G . EVERIST . INC .
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING ( SAND . GRAVEL , STONE . TOPSOIL ,
OVERBURDEN AND BORROW MATERIALS ) AND PROCESSING OF MINERALS
ALSO INCLUDED ARE PORTABLE (TEMPORARY ) CONCRETE AND ASPHALT
BATCH PLANTS . CONCRETE AND ASPHALT RECYCLING . A MINE
OFFICE/SCALE HOUSE AND SCALE . A FUELING/LUBRICATING STATION .
PORTABLE GENERATORS , MOBILE MINING EQUIPMENT PARKING AND
STORAGE , EMPLOYEE AND VENDOR PARKING AND MORE THAN TWO (2 )
CONEX CONTAINERS FOR STORAGE OF PRODUCTS FOR PLANT
OPERATIONS AND MAINTENANCE IN THE A (AGRICULTURAL ) ZONE
DISTRICT .
LEGAL DESCRIPTION : ALL EAST OF THE RAILROAD INCLUDING PART OF THE NE4SE4 OF SECTION
7 : SW4 OF SECTION 8 : NW4 OF SECTION 17 : THE SE4 AND PARTS OF THE
SW4 , NE4 AND THE NW4 OF SECTION 18 : PARTS OF THE NE4 OF SECTION
19 : ALL WITHIN T2N , R66W OF THE 6TH P . M . . WELD COUNTY . COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 22 . 5 : APPROXIMATELY 7900 FEET WEST
OF CR 31 : APPROXIMATELY 1260 FEET EAST OF CR 25 : APPROXIMATELY
3825 FEET NORTH OF CR 18 .
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 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 South Platte River corridor . The area located to the west
of State Highway 85 is classified as flood- plain and valley-fill deposits being water-deposited gravel ,
sand . silt and clay along present stream courses . Unevaluated aggregates coarse and fine
aggregate resources that were not evaluated because of inadequate exposures , lack of drill - hole
data . location , access . poor potential , aerial extent . or a prior land use that excludes the possibility of
recovery aggregate and Stream Terrace deposits being older stream deposits now preserved as
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY,C/O L G EVERIST, INC
PAGE 2
benches flanking present stream courses Smaller and less distinct terraces are included with valley
fill deposits Fine Aggregates being sands including sands ranging from coarse gravelly stream
sands to fine grained wind deposited dune sands, per the Weld County Sand Gravel Resources
map of 1974
The mine site area located to the east of State Highway 85 is classified as Stream Terrace deposits
being older stream deposits now preserved as benches flanking present stream courses Smaller
and less distinct terraces are included with valley fill deposits Fine Aggregates being sands
including sands ranging from coarse gravelly stream sands to fine grained wind deposited dune
sands and Upland deposits— Mesa or bench like erosional remnants of ancient stream deposits
isolated above present stream courses Unevaluated aggregates coarse and fine aggregate
resources that were not evaluated because of inadequate exposures,lack of drill-hole data,location,
access, poor potential, aerial extent, or ap prior land use that excludes the possibility of recovery
aggregate, 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, roads and possibly highways
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 immediately adjacent to the
permit boundary include the South Platte River corndorto the west,to the south are agricultural lands
with rural residences and the South Platte River corridor and associated floodway and floodplain
Bisecting the permit boundary is Colorado Highway 85 and the Union Pacific Railroad mainline track
To the east are rural residential development patterns on agricultural lands North and South of the
east permit area are larger tract agricultural lands
The City of Fort Lupton in their referral dated October 19,2020 states County Road 22 is designated
as an arterial east of Highway 85 ROW Reservation of 110-feet wide on the section line is required
West of Highway 85 is a potential future County Road 22 extension
Per the Traffic Impact Study,the development of Ragsdale Reservoirs Gravel Mine is feasible from a
traffic engineering standpoint In the short range (2024) future, given the increase of traffic for
Ragsdale Reservoirs and an increase in background traffic,this level of service is considered to be
normal during the peak hours at stop sign controlled intersections along state highways
To address impact to the area roads, the Department of Public Works is requiring a Road
Maintenance Agreement with up-front improvements required for the proposed mine site,including
the haul route from the mine entrance as a Condition of Approval to be accepted by the Board of
County Commissioners prior to recording the USR map The Colorado Department of
Transportation will require an access permit and likely will include upgrades to the current
infrastructure to accommodate the additional truck traffic
Per the Traffic Impact Study, improvements will be required, in the short range (2024) and long
range(2040)a northbound left-turn deceleration lane, a southbound right-turn deceleration lane, a
northbound left-turn acceleration lane, and a southbound right-turn acceleration lane are required
The Highway 85 Access Control Plan (ACP) dated 2017 developed a strategic vision for US 85
between Interstate 76 (I-76) and County Road 100 that addressed safety, mobility and access
concerns The applicant proposes to utilize a private roadway to access onto State Highway 85
directly west of the intersection of County Road 20 and State Highway 85 for access to the west side
of the State Highway 85 mine area At this location, the ACP recommends a right-in, right-out
configuration which would be in conjunction with a parallel road system between County Road 18 and
County Road 28
The applicant submitted the complete access design package to CDOT on September 25,2020 Per
the application materials, CDOTs Conditional Approval is expected December 31, 2020 with final
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 3
CDOT approval expected in March 2021 based on the initial comments from CDOT Expected
improvements at this location identify a right-in and right-out traffic movement pattern
In the referral from the Colorado Department of Transportation dated October 28,2020,this agency
states,"CDOT agrees with the conclusions of the traffic impact study A new access permit will need
to be obtained from CDOT Since this proposal will result in highway auxiliary lanes,the applicant will
need to meet with CDOT Region 4 on the appropriate documents and process"
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 Colorado Highway 85 near the South Platte River and
east of Colorado Highway 85 and the Union Pacific Railroad mainline track Aggregate materials
within the proposed permit area are composed of floodplain,stream and terrace deposits associated
with the existing and historic river corridor drainage system The gravel deposit thickness ranges from
eight (8) to fifty-two (52) and greater feet below the ground surface with an average depth of
approximately forty(40)feet
The depths are more specifically defined as on the west side of State Highway 85 within the permit
boundary, located west of the Platte Valley Irrigation Ditch (Phases 1, 2 & 2A), the depth of the
aggrege resource is thirty-two (32)feet with approximately two and one-half(2 5)feet of topsoil or
overburden Also, on the westside, east of the Platte Valley Irrigation ditch (Phases 1A& 3), the
depth of the aggrege resource is fifty-five (55) feet with approximately three (3) feet of topsoil or
overburden
The depth of the aggregate resource east of Highway 85 within the permit boundary, west of the
Platteville Irrigation & Milling ditch (Phases 4, 4B, 5 & 6) is on average forty-two (42) feet with
approximately three and one-half(3 5)feet of topsoil or overburden Also, on the eastside,west of
the Platteville Irrigation & Milling ditch (Phases 4A & 5A), the depth of the aggregate resource is
twelve(12)feet with approximately four(4)feet of topsoil or overburden
The aggregate material will be recovered using equipment typical for sand and gravel mining
operations Mining equipment may include but is not limited to, front-end loaders, scrapers,
excavators, a drag line, dozers, off-road haul trucks, dump trucks and a water truck Processing
equipment may include but is not limited to conveyors,crushers and screen plants A scale and scale
house may be built at the mine 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 Ragsdale Reservoir Pit,reclamation will
take place concurrently with mining activities The current land use on the Cannon Land Company
property is irrigated agriculture lands, non-irrigated lands and riparian corridor areas The use of this
land from irrigated agriculture lands and riparian corridor lands will change to water storage
reservoirs and retain the riparian corridor areas for conveyance of waters associated with the South
Platte River Most of the land surrounding the proposed permit area has similar uses of river corridor,
gravel mining open space and industrial uses 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 domestic and 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
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 4
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 a Special Review Permit for open mining (sand, gravel, stone, topsoil,
overburden and borrow materials) and processing of minerals Also included are a portable
(temporary)ready-mixed concrete and a hot mix asphalt batch plants,a mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage, employee and vendor parking and more than two (2) conex containers for storage of
products for plant operations 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 use is consistent with the intent of the district in which the site is located The site's property
parcels are zoned Agricultural(A) The proposed project is a listed as an aggregate mine,permitted
in the Agricultural Zone District as detailed in this Use by Special Review permit application, and in
the Weld County Code
Weld County Code, Chapter 23,Article Ill, Division 1 Section 23-3-10 Intent, states in part states in
part"The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production, and for areas for natural
resource extraction and energy development, without the interference of other, incompatible land
uses"
Zoning in the area surrounding the site is primarily the (A)Agricultural Zone District In addition to
agricultural uses, there are multiple special uses within a one mile, including aggregate mining, oil
and gas development and light industrial uses The end use,water storage reservoirs is consistent
with the uses in the area surrounding areas
The adjacent lands within one (1) mile of the property boundary consist of agricultural uses,
aggregate mining, the river corridor, rural residences, oil and gas operations, commercial and
industrial uses many permitted through a Special Use Permit, including
To the west of the site there are seven (7) USRs USR-1215 for aggregate mining, SUP-426 for
aggregate mining, USR-1444 for aggregate mining, USR17-0072 for aggregate mining, 1 MUSR16-
11-1774 for a winery and event center, USR13-0035 for oil and gas support and service and USR-
1639 for oil and gas support and service,
To the north there are six(6)USRs USR17-0072 for aggregate mining, USR13-0035 for oil and gas
support and service, USR12-0019 for oil and gas support and service, USR-911 for Tractor and
implement sales, USR-1591 for outdoor storage of RVs and USR-1504 for a private airstrip,
To the east there are eight (8) USRs USR13-0068 for a 2nd SFD, USR11-0002 for oil and gas
support and service, USR13-0027 for oil and gas support and service, MUSR14-0013 for Propane
storage and distribution, USR14-0022 for HP gas pipeline, USR-477 for oil and gas support and
service, USR-1709 for oil and gas support and service, USR-1394 for aggregate mining, USR-1758
for oil and gas support and service
To the south there are nine(9) USRs 1 MJUR16-04-1459 for vehicle sales and service, MUSR15-
0017 for oil and gas support and service,SUP-469 for oil and gas support and service,USR-1227 for
a vehicle maintenance facility, USR-1215 for aggregate mining, USR-828 for a kennel, USR-477 for
oil and gas support and service, USR-1709 for oil and gas support and service, USR16-0044 for oil
and gas support and service,USR-1758 for oil and gas support and service,USR-986 for oil and gas
support and service and USR-1394 for aggregate mining
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY,C/O L G EVERIST, INC
PAGE 5
There is one(1)Special Use Permit of record within the permit boundary,permitted under SUP-281
for a gas processing plant This facility is longer located on the property and as a condition of
approval, the property owner will request to vacate this permit
There are a few houses and structures on the site within the USR and DRMS boundary,which will be
properly demolished or removed prior to mining operations
The closest residence outside of the USR-DRMS permit boundary is about 36-feet south of permit
boundary adjacent to Highway 85, the next residence is east of and adjacent to County Road 22,
approximately 35-feet to the permit boundary, the third residence is 415 feet east of the permit
boundary and approximately 1700-feet south of County Road 22,the fourth and fifth residences are
500-feet north of the permit boundary and south of and adjacent to County Road 22, all other
residences are located at a distance of 600-feet of greater from the proposed mine site
The Weld County Department of Planning Services sent notice to twenty-seven (27) Surrounding
Property Owners Planning staff received no written correspondence but did receive a telephone call
of inquiry about the application and the surrounding property owner's ability to have their opinion
heard Planning staff indicated that written correspondence may be submitted up to and during the
Planning Commissioners hearing and will be inventoried as a part of the official record for the case
The applicant has been in contact with the Surrounding Property Owners and conducted face to face
contacts with adjacent property owners through the State permitting process and continues to meet
with area residents
The Conditions of Approval require that the applicant submit an accepted Emergency Action and
Safety Plan, an accepted Improvements Agreement (for roads and traffic), an accepted CDOT
Access Permit, an accepted Flood Hazard Development Permit The Noise Abatement Plan and
Dust Abatement Plan have been submitted and reviewed 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 two(2)municipalities,the City of Fort Lupton
and Town of Platteville, and is it located within the existing Intergovernmental Agreement Area /
Coordinated Planning Area for each municipality
The City of Fort Lupton 2018 Comprehensive Plan Future Land Use map identifies lands west of
Colorado Highway 85 as being outside yet adjacent to the existing Corporate Limits in an area
defined as the Mineral Zone The Fort Lupton Comprehensive Plan states in part"This designation
consists of areas along the South Platte River which include significant mineral resources Per state
law, surface development is prohibited within these areas until resources have been appropriately
extracted As a result, this area allows for industnal and agricultural uses to support resource
extraction Much of this area is contained within either the floodway or floodplains of the South Platte
River,and should be prioritized for preservation As resources extraction operations come offline,the
City should convert these areas to parks and open spaces"
Lands east of Colorado Highway 85 are within the Future Fort Lupton Planning Area and is defined
as Agricultural and Rural Residential The Fort Lupton Comprehensive Plan states in part "This
designation allows for agricultural and related uses as well as low density residential on the penphery
of the planning area, intended to preserve a generally rural character This also includes a variety of
miscellaneous uses,such as isolated industrial businesses and semi-rural properties located under
Estate Zoning Given the availability of viable land for development in more appropriate districts,
commercial or residential investment within agricultural areas should be discouraged This will help
limit unnecessary loss of agricultural lands and reduce the potential of suburban sprawl "
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 6
The Town of Platteville 2017 Comprehensive Plan Future Land Use Map identifies lands east of
Colorado Highway 85 as within their Planning Area 4—Environmental Constrained Planning Area 4
is comprised of the designated one-hundred-year flood plains for the South Platte and St Vrain
rivers, and land east of the Platteville Canal/Ditch that is topographically constrained " the
majority of the Environmental Constrained area is rural in character, with limited services and no
planned extension of municipal infrastructure These planning areas represent significant value to
current and future residents in terms of open space,trail systems, passive recreation,flood control,
water quality and water supply"
The Town's Three-Mile Plan identifies this area as within "The Agricultural/Holding land use
classification is intended to encourage the sustamability of the regional agricultural and energy
economy,discourage leapfrog development and ensure that land develops in a systematic and cost
conscious manner Non-agricultural or non-energy uses and densities for this land will be re-
examined if and when urban levels of service can serve the land designated as Agncultural/Holding
Prior to annexation, the concept is to allow one dwelling unit per existing parcel"
Per the application materials, the applicant is proposing to mine the property retaining the river
corridor for the preservation of vegetation growing near the river,maintain wildlife habitats and wildlife
migration corridors and will enhance water quality by filtering sediment from runoff, protect the
existing river banks from erosion and provide storage of water during flood events The reclamation
plan approved by the Division of Reclamation Mining Safety will result in several water storage
reservoirs on site and limited agrarian uses
The City of Fort Lupton and the Town of Platteville were provided with the Notice of Inquiry form by
electronic mail on April 16, 2020 The City of Fort Lupton expressed interest in having discussion
with the primary property owner,Cannon Land Company Discussions were held on June 18,2020
between the miner, the property owner and the City and on June 22, 2020 the primary landowner,
Cannon Land Company declined to have the properties annexed into the City
The Town of Platteville did not return the Notice of Inquiry form to the County
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 Greeley-Weld County Airport,Geologic Hazard Overlay District or MS4
-Municipal Separate Storm Sewer System Overlay District 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-1915F, revised September 17, 2020 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
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 471 69 acres of Prime (Irrigated) Farmlands of National
Importance, 11 32 acres of Irrigated Land(Not Prime)and 160 29 acres of Other Land per the 1979
Soil Conservation Service Important Farmlands of Weld County Map Colorado Revised Statutes
provides for the extraction of mineable resources prior to and surface development Depending on
market demand,six(6)to eight(8)water reservoirs will be created with up to 129 acres reclaimed for
agricultural production
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 7
As stated,the properties of the site contain some"Important Farmlands of Weld County"—irrigated
and non-irritated However, the property also contains a commercial mineral deposit, which state
statutes say must be protected from development The Weld County Comprehensive Plan also
protects these lands from uses interfering with extraction of sand and gravel Mineral extraction will
provide economic revenues for Weld County from the land and will not interfere with the agricultural
productivity of surrounding properties
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 address the requirements of the Colorado Division of Water Resources,as stated
in the referral response dated October 15, 2020, specific to the water wells not covered under the
court approved augmentation plan if to be utilized as part of the land use permit Written evidence of
such shall be submitted to the Weld County Department of Planning Services (Colorado Division of
Water Resources)
B The applicant shall attempt to address the requirements of the City of Fort Lupton, as stated in the
referral response dated October 19,2020 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (City of Fort Lupton)
C The applicant shall address the requirements of the Platte Valley Irrigation Company,as stated in the
referral response dated October 28,2020 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Platte Valley Irrigation Company)
D The applicant shall address the requirements of the Kerr-McGee Oil and Gas OnShore,LP,as stated
in the referral response dated October 30,2020 specifically addressing encroachment on multiple oil
and gas leases and mineral rights Written evidence of such shall be submitted to the Weld County
Department of Planning Services (Kerr-McGee Oil and Gas OnShore, LP)
E The applicant shall address the requirements of the ARB Midstream, LLC, as stated in the referral
response dated October 30,2020 specifically addressing the pipeline across PIN 1309-08-0-00-013
Written evidence of such shall be submitted to the Weld County Department of Planning Services
(ARB Midstream, LLC)
F The applicant shall attempt to address the requirements of United Power, as stated in the referral
response dated October 30, 2020 Written evidence of such shall be submitted to the Weld County
Department of Planning Services (United Power)
G The applicant shall attempt to address the requirements of the Platteville Gilcrest Fire Protection
District,as stated in the referral response dated October 6,2020 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Platteville Gilcrest Fire Protection
District)
H The applicant shall address the requirements of Western Midstream LP, as stated in the referral
response dated October 5,2020 specific to locations of pipeline locations Written evidence of such
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY , C/O L . G . EVERIST, INC .
PAGE 8
shall be submitted to the Weld County Department of Planning Services . (Western Midstream LP )
I . A Communication Plan shall be submitted to and approved by the Department of Planning Services .
( Department of Planning Services)
J . A Lighting Plan shall be submitted for nighttime operations , as applicable , to , and approved by , the
Department of Planning Services . ( Department of Planning Services )
K . An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location . Road maintenance includes , but is not limited to , dust control and damage repair to
specified haul routes . The Agreement shall include provisions addressing engineering requirements ,
submission of collateral . and testing and approval of completed improvements . ( Department of Public
Works)
L . An acceptable Final Traffic Impact Analysis , stamped and signed by a Professional Engineer
registered in the State of Colorado , is required . ( Department of Public Works)
M . The applicant shall submit a recorded copy of any agreements signed by all of the owners of the
properties crossed by the proposed accesses . The accesses 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)
the referral response dated October 28 , 2020 . Written evidence of such shall be submitted to the
Weld County Department of Planning Services . (CDOT)
O . The property owner, Cannon Land Company , shall submit a written request to vacate SUP-281 ,
recorded March 1 . 1976 via reception number 1682420 . as the gas plant is no longer operational on
site .
P . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR20- 0030 ( 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 onsite lighting for night-time operations .. if applicable , in accordance
with the approved Lighting Plan , as applicable . ( 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 the Union Pacific railroad right-of-way . Contact the UPRR for right-of-way widths
and additional requirements . ( Department of Planning Services )
9 . Show and label the existing and future right-of-way for State Highway 85 . Contact the Colorado
Department of Transportation ( CDOT) for right-of-way widths and additional requirements .
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 9
(Department of Planning Services)
10 County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 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, City of Fort Lupton)
11 Show and label the approved access location,approved access width and the appropriate turning
radii on the site plan The applicant must obtain an access permit in the approved location prior
to construction (Department of Public Works)
12 Show the approved Colorado Department of Transportation(CDOT)access on the site plan and
label with the approved access permit number if applicable (Department of Public Works)
13 Show and label the approved tracking control on the site plan (Department of Public Works)
14 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)
15 If applicable, show and label a 30-foot minimum access and utility easement to provide legal
access to the parcel on the site plan (Department of Public Works)
16 Show and label the drainage flow arrows (Department of Public Works)
17 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
18 Show and label the easement or rights-of-way for the Platteville Ditch (Department of Planning
Services)
19 Show and label the easement or rights-of-way for the Platte Valley Irrigation Company
(Department of Planning Services)
20 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)
21 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50 E of the Weld County Code (Department of
Planning Services)
2 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
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY . CIO L . G . EVERIST. INC .
PAGE 10
three ( 3 ) month period . ( Department of Planning Services )
4 . Prior to Construction :
A . The approved access and tracking control shall be constructed prior to on-site construction .
( Department of Public Works)
B . If more than one ( 1 ) acre is to be disturbed for construction outside of the gravel mining area , a Weld
County grading permit will be required . ( Department of Public Works)
C . Any construction in the floodplain requires a floodplain permit . ( Department of Planning Services-
Floodplain )
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 must obtain an access permit in the approved location prior to construction .
( Department of Planning Services)
C . The applicant shall address the requirements of CDOT specific to a new access permit , as stated in
the referral response dated October 28 , 2020 . Written evidence of such shall be submitted to the
Weld County Department of Planning Services . ( CDOT)
6 . 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)
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 11
Motion seconded by Sam Gluck
VOTE
For Passage Against Passage Absent
Tom Cope
Gene Stile
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
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 November 17, 2020
Dated the 17th of November, 2020
45 A Pt.
Kristine Ranslem
Secretary
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Cannon Land Company
Platte Valley Irrigation Company
c/o L G Everist, Inc
USR20-0030
1 A Site Specific Development Plan and Use by Special Review for open mining (sand, gravel, stone,
topsoil, overburden and borrow materials) and processing of minerals Also included are a portable
(temporary)ready-mixed concrete and a hot mix asphalt batch plants,concrete and asphalt recycling,a
mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking and storage,employee and vendor parking and more than two(2)conex containers
for storage of products for plant operations and maintenance outside of subdivisions and historic
townsites in 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 twenty(20) (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 Property Owner shall maintain compliance with the Communication Plan (Department of Planning
Services)
8 The Property Owner shall maintain compliance with the Decommissioning Plan (Department of
Planning Services)
9 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)
10 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire Distnct and
the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
11 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)
12 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)
13 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY,C/O L G EVERIST, INC
PAGE 13
(Department of Public Works)
14 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)
15 The property owner shall comply with all requirements provided in the executed Improvements
(Department of Public Works)
16 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Department of Public Works)
17 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
18 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
19 Prior to construction, the eastern portion of this site shall install double cattle guards and 100 feet of
asphalt or 300 feet of asphalt (Department of Public Works)
20 Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the County right-of-way (Department of Public Works)
21 The applicant has proposed that the mining area east of State Highway 85 access onto County Road
22 approximately 2,340 feet east of the intersection of County Road 22 and State Highway 85
Applicant shall obtain an access permit onto County Road 22 for a location west of the Platteville Ditch
that meets the Minimum Spacing Criteria (Department of Public Works)
22 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)
23 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)
24 Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debns,and other potential nuisance conditions The facility shall operate
in accordance with Chapter 14,Article 1 of the Weld County Code and the accepted waste handling
plan (Department of Public Health and Environment)
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 and the approved dust abatement plan for the
site (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 study
(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
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 14
the facility,at all times A permanent,adequate water supply shall be provided for drinking and sanitary
purposes The existing well(permit 30833)cannot be used for the business unless it is re-permitted for
business use (Department of Public Health and Environment)
30 Sewage disposal for the facility shall be by septic system Any septic system located on the property
must comply with all provisions of the Weld County Code,pertaining to On-Site Wastewater Treatment
System Systems (Department of Public Health and Environment)
31 Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and shall be
screened from residences within one-half mile of the facility and high-volume roads in consultation with
the Department of Public Works (Department of Public Health and Environment)
32 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)
33 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)
34 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
35 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)
36 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)
37 The operation shall comply with the Mine Safety and Health Act(MSHA) (Department of Public Health
and Environment)
38 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
39 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)
40 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-1915F effective date September 17, 2020 (South Platte 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)
41 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)
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 15
42 Should human remains be discovered during mining activities, the requirements under State Law
C R S Part 13 apply and must be followed (Department of Planning Services)
43 Lighting shall be maintained in accordance with the accepted Lighting Plan,as applicable (Department
of Planning Services)
44 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)
45 Building permits may be 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)
46 As applicable, if any Single-Family Dwelling is utilized as commercial offices, the use will require a
building permit for a change of use from Single Family Dwelling to Commercial Offices and shall include
a complete code analysis prepared by a registered design professional is required and shall be
submitted with All Commercial Building Permit Applications to Weld County A Floor Plan shall be
submitted showing room dimensions, uses, along with details showing compliance with Accessibility
requirements and currently adopted building codes (Department of Building Inspection)
47 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)
48 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)
49 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)
50 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of
Planning Services may grant an extension of time,for good cause shown,upon a written request by the
landowner
51 A 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
RESOLUTION USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 16
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit
52 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
53 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and
congestion,and the rural atmosphere and way of life Without neighboring farms,those features which
attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment,slow-moving farm vehicles
on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement,silage and manure,smoke from ditch burning,flies and mosquitoes,hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields,including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches
available resources Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including 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
RESOLUT[ON USR20-0030
CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY, C/O L G EVERIST, INC
PAGE 17
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
2
PL
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING t� SZ7Ok ‘ I 202O
• ••
Tuesday November 17 . 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 Chair,
Elijah Hatch . at 12 30 pm
Roll Call .
Present. Gene Stille , Tom Cope Elijah Hatch , Skip Holland . Sam Gluck . Butch White .
Absent _ Lonnie Ford , Dwaine Barclay . Troy Mellon
Also Present Kim Ogle and Diana Aungst . Department of Planning Services , Lauren Light and Ben Frissell .
Department of Health Melissa King , and Zackery Roberson . Department of Public Works . Bob Choate ,
County Attorney . and Kris Ranslem Secretary
CASE NUMBER USR20-0030
APPLICANT CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY
C/O L G EVERIST INC
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING ( SAND . GRAVEL STONE , TOPSOIL .
OVERBURDEN AND BORROW MATERIALS ) AND PROCESSING OF
MINERALS ALSO INCLUDED ARE PORTABLE ( TEMPORARY ) CONCRETE
AND ASPHALT BATCH PLANTS CONCRETE AND ASPHALT RECYCLING A
MINE OFFICE/SCALE HOUSE AND SCALE A FUELING/LUBRICATING
STATION PORTABLE GENERATORS . MOBILE MINING EQUIPMENT
PARKING AND STORAGE . EMPLOYEE AND VENDOR PARKING AND MORE
THAN TWO ( 2 ) CONEX CONTAINERS FOR STORAGE OF PRODUCTS FOR
PLANT OPERATIONS AND MAINTENANCE IN THE A (AGRICULTURAL ) ZONE
DISTRICT
LEGAL DESCRIPTION ALL EAST OF THE RAILROAD INCLUDING PART OF THE NE4SE4 OF
SECTION 7 SW4 OF SECTION 8 NW4 OF SECTION 17 THE SE4 AND PARTS
OF THE SW4 NE4 AND THE NW4 OF SECTION 18 , PARTS OF THE NE4 OF
SECTION 19 ALL WITHIN T2N R66W OF THE 6TH P M WELD COUNTY .
COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 22 5 APPROXIMATELY 7900 FEET WEST
OF CR 31 . APPROXIMATELY 1260 FEET EAST OF CR 25 . APPROXIMATELY
3825 FEET NORTH OF CR 18
Kim Ogle , Planning Services presented Case USR20-0030 , reading the recommendation and comments
into the record . Mr. Ogle stated that notice was sent to 27 surrounding property owners . Planning Staff
received an electronic mail from a property owner approximately one mile to the east of the east side of the
permit boundary with concerns of environmental impact due to open mining , the effect of property values
and impacts on area roads The property owner did state that there is no opposition to mining on the west
side of the highway A telephone inquiry was received from an adjacent property owner on the east side
with concerns of disturbance to the former gas plant sites . unknown number of gas pipelines abandoned
and traffic on the county road and more specifically as traffic patterns cross the Union Pacific Railroad
Crossing Mr Ogle noted that an email was received from the Law Firm of Lyons . Caddis who represent
the Platte Valley Irrigation company just before this meeting encouraging the Planning Commission to
uphold Condition of Approval 1 C that requires an agreement between Platte Valley Irrigation Company
and the applicant .
The Department of Planning Services recommends approval of this application with conditions of approval
and development standards Mr Ogle noted that Staff has received two requests for modification to the
Resolution proposed by the applicant
Melissa King , Public Works . reported on the existing traffic . access to the site and drainage conditions for
the site
Lauren Light , Environmental Health . reviewed the public water and sanitary sewer requirements . on -site
dust control . Noise Abatement Plan . and the Waste Handling Plan
Lynn Shults, L G Evenst, 7321 East 88th Avenue, Henderson, Colorado, stated that this will be L G
Evenst's fifth mine site in Weld County since the late 1980s Ms Shults stated that this site will have 15 to
20 employees and about 100 visitors and added that it will be in compliance with the Weld County Code
Ms Shults said that the original traffic study was done for the west side only and they are working on an
addendum that will focus on the east side to be included in the Road Maintenance Agreement She added
that they will start on the west side and will be mining there for a good 10 years or so before they move
over to the east side Ms Shults said that CDOT has indicated that anything farther than two years out
they will not look at,therefore they are working with CDOT on the west side and should get a permit finalized
by Marchiof 2021 As far as the east side,they can do everything with the traffic study and set up the Road
Maintenance Agreement and then once they get closer to mining that side, they will have to revisit and
update everything Therefore, they are requesting that Condition of Approval 1 N be moved to Prior to
Mining, rather than Prior to Recording, because that one piece is the only thing that would keep them from
recording much earlier
Ms Shults also requested an early release agreement just for doing prep work on the site She said that
part of knowing what they will be required to do for CDOT from the private road off of County Road 20 out
to Highway 85 is accel/decel lanes and they always need a lot of material She said that they can get some
of that material from their site, such as overburden This would eliminate trucks hauling material from other
areas to the site when they can take it from their property
Commissioner Cope referred to the plans and said that he is unsure of the west side the access is to come
in on the access road Ms Shults replied yes because that is where the plant site would be
Commissioner Cope asked asked if the silo will remain on site Ms Shults said that the silo and houses
will be removed and added that they will test for asbestos prior to removal
Commissioner Holland asked if there will be any storage buildings or if everything will be stored in the
proposed conex containers Ms Shults said that there are no plans for a storage or maintenance building
on site She added that they do have a site within the town limits of Platteville that does maintenance on
their equipment
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Vice Chair Stille referred to the request from Lyons and Gaddis regarding Condition of Approval 1 C Mr
Ogle read Condition of Approval 1 C into the record Bob Choate, County Attorney, stated that no motion
is needed
Mr Ogle stated that currently the applicant is requesting to move Condition of Approval 1 N from Prior to
Recording the Map to Prior to Operation—Mining
Motion Move Condition of Approval 1 N Prior to Recording the Map to Condition of Approval 5 C Prior to
Operation-Mining, Moved by Tom Cope, Seconded by Elijah Hatch Motion carried unanimously
Vice Chair Stille referred to the request for an early release agreement by the applicant and stated that this
request needs to come before the County Commissioners
The Chair asked the applicant if they have read through the amended 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 USR20-0030 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Elijah Hatch, Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote(summary Yes=6)
Yes Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope
Meeting adjourned at 2 32 pm
Respectfully submitted,
&Web21K,
Kristine Ranslem
Secretary
ATTENDANCE RECORD
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