HomeMy WebLinkAbout20200170.tiff EXHIBIT
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BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION El ,
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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: USR19-0058
APPLICANT ORRLANDO LLC. O/O BUCKLEN SERVICES COMPANY
PLANNER : ANGELA SNYDER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND. GRAVEL. AND STONE) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION PART W2SW4 SECTION 29 T6N. R66W OF THE 6TH P. M. . WELD COUNTY.
COLORADO.
LOCATION - NORTH OF AND ADJACENT TO CR 64. EAST OF AND ADJACENT TO CR 27.
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".
Aggregate mining is economically important to Weld County and is site specific to areas with
commercial mineral deposits. The project includes a proposal to reroute the Storms Lake
Drainage, which is a Whitney Lateral Ditch. The applicant is working with the ditch company
to minimize the impacts to agricultural operations in the area.
Section 25-5-80. 8. 3 CM_ Goal 2 states. "Promote the reasonable and orderly exploration
and development of mineral resources. ..
The proposed hours of operation are Monday to Friday. eight ( 8) a . m . to five (5) p. m.
daylight only, limiting any nuisance condition to business hours. A Landscape and
Screening Plan is requested of the applicants as a Condition of Approval to buffer the
operation of from surrounding property owners and adjacent rights-of-way. These coupled
with the Development Standards and Conditions of Approval will promote compatibility with
the surrounding land uses.
Section 22-5-80. C CM. Goal 3 states. "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways. "
The proposal will have an effect on the adjacent road system . Topsoil and overburden will
be placed on the southwest side of the Storms Lake Drainage ditch . which will require
trucks to travel on County roads. A Road Maintenance Agreement is being requested as a
Condition of Approval to address this concern.
Section 22-5- 70. D CM. Goal 4 states. "Minimize hazardous conditions related to mining
activities and the mining site. "
RESOLUTION USR19-0058
ORRLANDO LLC. 0/O BUCKLEN SERVICES COMPANY
PAGE 2
The Conditions of Approval and Development Standards and conditions of the Colorado
Division of Reclamation and Mining 112 Permit have been designed to minimize
hazardous conditions of mining in this location .
Section 22-5-80. E CM. Goal 5 states. -Provide for timely reclamation of all mining sites
and promote their beneficial reuse. -
The site is expected to be completely mined within ten ( 10) years. The site is proposed to be
reclaimed for water storage and residential dwellings. which is compatible with the
surrounding properties.
The proposed use is in an area that can support this development and the Development
Standards. and the 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3- 10 states. ". . . 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. "
Natural resource extraction meets the intent of the A (Agricultural) Zone District.
Section 23-3-40. S states, "Open mining and processing of minerals. subject to the additional
requirements of Article IV. Division 4. of this Chapter "
Open mining is permitted as a Use by Special Review under Section 23-3-40. S.
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 consist of crops. a mining operation and suburban and rural residences.
There is one ( 1 ) residence immediately adjacent to the site and as many as ten ( 10)
residences within 200 feet of the property.
There are seven (7) USRs within one mile of the site. three (3) for mining operations:
USR1657, USR1125AM2 , USR897AM2; USR- 1144AM (3000 head dairy): USR-1212
(airstrip): USR-1163 (gas line): and USR-1204 (accessory structure).
The Weld County Department of Planning Services sent notice to seventeen (17)
Surrounding Property Owners. Planning staff received correspondence from two (2)
surrounding property owners within 500 feet of the parent parcel . both of whom indicated an
association with a Whitney Ditch Lateral crossing the property. referred to in the application
as the Storms Lake Drainage. The letters indicated a concern with the applicant proposal to
realign the ditch. Both indicated that conversation between the applicants and the Whitney
Irrigation Company was occurring and requested that an agreement be in place as a
condition of approval of the USR. A Condition of Approval has been included that requires the
agreement to be in place prior to recording the USR map.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety
Plan . a Landscape and Screening Plan and a Road Maintenance Agreement. 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.
RESOLUTION USR19-0058
ORRLANDO LLC. O/O BUCKLEN SERVICES COMPANY
PAGE 3
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 the Coordinated Planning Agreement (CPA) area for the Towns of
Severance and Windsor, both of whom indicated on Notice of Inquiry forms submitted with
the application that the site was outside of their Growth Management Areas.
The site is located within the three (3) mile referral area of the City of Greeley. The City. in
referral comments dated October 11 , 2019, indicated that the proposal was consistent with
the North Greeley Rail Corridor Subarea Plan, adopted by Weld County. and requested that
easements and future rights-of-way be shown on the property.
The applicant submitted evidence of executed agreements with all mineral owners as
required for the DRMS 112 permit.
There are several oil and gas pipelines passing through the subject property. All shall be
incorporated into the final design of the mining operation and be shown on the USR map as
limiting site factors.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23 , Articles V and Xl . of the
Weld County Code.
The property is in a Special Flood Hazard Area Zone A. Flood Hazard Development Permit
(FHDP19-0072) has been approved for this project. This property is not within the Geologic
Hazard Overlay District. MS4 Area or the Airport Overlay District. Building Permits issued on
the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee
Program . Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
All except a small portion of the property is located on Prime soils per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. According to the Natural
Resources Conservation Service Web Soil Survey dated October 31 , 2019, the soils are
listed as Kim loam . Olney fine sandy loam and Otero sandy loam with one (1 ) to three (3)
percent slopes. The soils are listed as being severely limited in their ability to be adequately
irrigated and the National Commodity Crop Productivity Indices on those soils range between
0. 176 and 0.271 , indicating that soils have "Moderately low inherent productivity." Topsoil will
be piled on site and used in reclamation of the property following extraction.
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 :
RESOLUTION USR19-0058
ORRLANDO LLC. C/O BUCKLEN SERVICES COMPANY
PAGE 4
1 . Prior to recording the map:
A. The applicant shall attempt to address the requirements of the City of Greeley, as stated in the
referral response dated October 11 . 2019. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
B. The applicants shall address the requirements of the Whitney Irrigation Company shareholders
who are the users of the downstream siphon lateral, as stated in the referral response dated
October 14, 2019. Written evidence of such shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
C. The applicants shall address the requirements of the Storms Lake Drainage District. as stated
in the referral response dated November 18. 2019. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicants shall address the requirements of the Greeley Irrigation Company. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
E. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights-of-
way. (Department of Planning Services)
F. 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)
G. A Drainage Narrative witi qua ifying exception (Sec. 8- " 40. .6) is required. (Department of
Public Works)
H . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR19-0058 (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 landscaping and screening in accordance with the approved
Landscape and 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 areas. (Department of Planning Services)
8. Show and label all recorded easements by book and page number or reception number
and date. ( Department of Planning Services)
9. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
RESOLUTION USR19-0058
ORRLANDO LLC, 0/O BUCKLEN SERVICES COMPANY
PAGE 5
(Department of Planning Services - Floodplain)
10. Show and label 120 feet of future right-of-way for County Road 27 as designated on the
City of Greeley 2035 Comprehensive Transportation Plan. (Department of Planning
Services)
11 . Show and label 150 feet of future right-of-way for County Road 64. as designated on the
City of Greeley 2035 Comprehensive Transportation Plan. (Department of Planning
Services)
12 . County Road 27 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)
13. County Road 64 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)
14. Show and label the approved tracking control on the site plan. (Department of Public
Works)
15. 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)
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)
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. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
RESOLUTION USR19-0058
ORRLANDO LLC. C/O BUCKLEN SERVICES COMPANY
PAGE 6
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
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)
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)
Motion seconded by Elijah Hatch.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wades
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's 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 19. 2019.
Dated the 19t" of November. 2019
lt- YY:411 fr Vim..
Kristine Ranslem
Secretary
RESOLUTION USR19-0058
ORRLANDO LLC. C/O BUCKLEN SERVICES COMPANY
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Orrlando LLC
USR19-0058
1 . A Site Specific Development Plan and Use by Special Review for Open Mining (sand . gravel. and stone)
in the A (Agricultural) Zone District (Tollgate Pit), USR19-0058, 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. The hours of operation are 8: 00 a.m. - 5:00 p.m . Monday — Friday, daylight hours only pursuant to Section
23-4-290. B. (Department of Planning Services)
4. The number of on-site employees shall be up to two (2) as stated in the application materials. (Department
of Planning Services)
5. 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)
6. The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan. (Department of Planning Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15t 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)
8. The site shall maintain compliance with the approved Colorado Division of Reclamation. Mining and
Safety 112 Permit.
9. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety may require an
amendment to this USR Permit. as determined by Weld County Staff. (Department of Planning Services)
10. The property owner or operator shall maintain compliance with the approved Reclamation Plan.
(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.
(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 Road Maintenance
Agreement. (Department of Public Works)
16. 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)
RESOLUTION USR19-0058
ORRLANDO LLC O/O BUCKLEN SERVICES COMPANY
PAGE 8
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. 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)
20. 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)
21 . 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 and the accepted waste handling plan.
(Department of Public Health and Environment)
22. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Department of Public Health and Environment)
23. 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)
24. 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 report.
(Department of Public Health and Environment)
25. The operation shall remove. handle. and stockpile overburden. gravel, sand and soil from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
26. Adequate drinking , hand washing . and toilet facilities shall be provided for employees and the public. at all
times. Portable toilets and bottled water are acceptable 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 and shall contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way. (Department of Public
Health and Environment)
27. 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)
28. 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)
29. 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)
30. The operation shall comply with the Mine Safety and Health Act (MSHA) . (Department of Public Health
and Environment)
RESOLUTION USR19-0058
ORRLANDO LLC O/O BUCKLEN SERVICES COMPANY
PAGE 9
31 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. 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)
33. Sources of light shall be shielded so that light rays will not shine directly onto properties. Sources
9 9 Y adjacent P P
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)
34. 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. 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)
35. 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)
36. Building permits shall 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 have 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)
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. 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)
39. 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)
40. 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.
RESOLUTION USR19-0058
ORRLANDO LLC. C/O BUCKLEN SERVICES COMPANY
PAGE 10
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.
41 . 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.
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
1\\\NAke-S
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Idle) Iwo' SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING uS
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Tuesday, November 19, 2019
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.
Michael Wailes, at 12. 30 pm.
Roll Call.
Present: Bruce Johnson , Elijah Hatch . Gene Stifle, Lonnie Ford, Michael Wailes. Richard Beck, Skip
Holland. Tom Cope.
Also Present: Michael Hall. Angela Snyder. Maxwell Nader. and Tom Parko. Department of Planning
Services: Lauren Light, Department of Health; Evan Pinkham and Mike McRoberts, Public Works Bob
Choate. County Attorney, and Kris Ranslem. Secretary.
CASE NUMBER: USR19-0058
APPLICANT ORRLANDO LLC. CIO BUCKLEN SERVICES COMPANY
PLANNER: ANGELA SNYDER
REQUEST- A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND. GRAVEL. AND STONE) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION PART W2SW4 SECTION 29 T6N . R66W OF THE 6TH P. M . WELD COUNTY
COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 64. EAST OF AND ADJACENT TO CR 27.
Angela Snyder. Planning Services, presented Case USR19-0058, reading the recommendation and
comments into the record. She stated that the proposed aggregate mining is anticipated to disturb
approximately 25 acres of the 62-acre property. Unmined areas will be used for stockpiles. internal access,
waterways and offsets from existing structures.
Ms. Snyder noted that a letter from the Whitney Irrigation Company and a surrounding property with
interests in that company were received regarding the applicants proposal to realign the ditch and added
that both parties indicated that conversations between the applicants and the Whitney Irrigation Company
was occurring and requested that an agreement be in place as a condition of approval for this USR. The
Greeley Irrigation Company maintains an interest in the open ditch as well and indicated intentions to
connect with the applicant but did not specify any concerns in their response. Additionally, the Storms Lake
Drainage District returned a response yesterday: therefore. it was not included in the staff report. Ms.
Snyder added that they applicant has proposed either crossing over the open ditch or over a buried line of
the ditch to get between the mine and the stockpiling area and there is some concern with the buried line
being fragile so they would like to have an agreement in place with the applicant as well.
Ms. Snyder noted that three responses were received from surrounding property owners. One neighbor
was associated with the Whitney Irrigation Company, and one phone call and one email were received from
a representative from the Bracewell HOA which indicated a desire for adequate berming of the site and
appropriate nuisance abatement as well as consideration that the danger of the hazardous curve on 83`°
Avenue not be increased as a result of this project.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Mike McRoberts. Public Works. reported on the existing traffic. access to the site and drainage conditions
for the site. Mr. McRoberts requested to remove Condition of Approval 1 . E as this item has been completed.
Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on-site
dust control. and the Waste Handling Plan.
Jared Dains 1490 West 116' Avenue. Westminster. Colorado, stated that he is representing Bucklen
Services Company as the applicant. He stated that this property was initially permitted under an existing
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to mine this property: however, the site was inactive for a long
obtained by Aggregate Industries p p y
amount of time. The applicant requested that the landowner release the USR to begin a new permit for
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mining of aggregate. Mr. Dains said that it is a heavy agricultural area and noted the two ditches going
through the site. He said that Bucklen is not proposing to realign Storms Lake Drainage in any way but will
have 200-foot setbacks from it and will not impact that drainage. He noted that the Whitney Siphon will
need to be realigned as it is the underground pipeline that goes through the site and as they are mining
they will disrupt that. He added that the applicants are currently working on an agreement with the Whitney
Irrigation Company.
Commissioner Holland asked how large the siphon is. Mr. Dains replied that it is an 18-inch pipeline. Mr.
Holland asked what kind of material the pipeline is. Mr. Dains said that the discussions with the Whitney
Irrigation Company are still ongoing. but he believes it will be a reinforced concrete pipeline and will be
rerouted.
Commissioner Johnson asked if augmentation will be required. Mr. Dains said that as long as they
discharge the water without use there is no requirement for augmentation. If they do make use of it. for
instance dust control purposes around the site, then they will need a substitute water supply plan to replace
those depletions.
Commissioner Stille asked how long the mining will occur and what the use of the sealed pond will be. Mr.
Dains said that he believes Bucklen is anticipating this would be a 10-year mining operation and after mining
is completed there will be a sealed gravel pit reservoir. He added that the ultimate intent is to operate this
as part of a water supply system with deliveries from New Cache or Whitney system delivered to the
reservoir with releases to the Poudre River.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Randall Feuerstein, 4050 West CR 2, Berthoud , Colorado and Larry Feuerstein, 13621 CR 64. Randall
Feuerstein stated that he and his brother. Larry Feuerstein . own property downstream that is supplied
irrigation water through this siphon pipeline. He said that they have met with Bucklen and have requested
a written agreement to mitigate their concerns. He added that they have requested to install manholes
where the corners will be to clean out the relocated pipeline. He said that they are working toward an
agreement but feels an approval would be premature at this time until there is an agreement on how the
relocated line will provide the same amount of water that they have received historically.
Randall Feuerstein noted that it is not only the Whitney Irrigation Company but the landowners that are
affected because this particular siphon is to be maintained and operated by the downstream landowners
and not the Whitney Irrigation Company.
Commissioner Holland asked if the siphon cross the county road. Randall Feuerstein replied that it does
go under County Road 64. Mr. Holland asked Staff if they are aware that the siphon goes under the county
road. Mr. McRoberts said that he has not reviewed that.
Commissioner Beck asked if there is an engineered drawing of the proposed pipeline realignment. The
Feuersteins stated that they are not aware of or have seen any drawings.
Commissioner Stille asked the Feuersteins if they would be satisfied with the USR if a condition of approval
was added. Randall Feuersteins replied yes and added that hopefully it will work as it is designed. Mr. Still
asked Staff where this condition of approval is in the resolution.
Mr. Snyder referred to Condition of Approval 1 . B which reads "The applicants shall address the
requirements of the Whitney Irrigation Company, as stated in the referral response dated October 14. 2019.
Written evidence of such shall be submitted to the Weld County Department of Planning Services".
Randy Feuerstein said that the Whitney Irrigation individual shareholders are responsible for the
maintenance and operation of the siphon line so they would like to have the agreement not only cover the
Whitney Irrigation Company but also the shareholders downstream.
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Bob Choate. County Attorney. said that laterals are ran by users and will work with Ms. Snyder to come up
with language to address that.
Chrys Hinze. Counsel for the Storms Lake Drainage District. 355 Eastman Park Drive. stated the applicant
did contact them last year as they were originally proposing to cross the open ditch. She added that they
do have a drainage easement through the open ditch and is shared with the Greeley Irrigation Company.
Ms. Hinze said that there are still some concerns that Storms Lake Drainage District has based on the
amendment that they found out about recently.
Ms. Hinze said that Storms Lake Drainage District has a drainage tile north and west of this property and
the underground clay tile line was installed in 1910 and is pretty fragile and runs under 83rd Avenue. It is
still underground at the proposed crossing on the north point of the property. She said that they are
concerned with the proposed expansion of the road that there could be some problems with the tile line.
Therefore, the applicant needs to engage with the Storms Lake Drainage District on a crossing agreement
that will address their concerns. Additionally, Storms Lake Drainage District operates and maintains the
ditch across this parcel and also wants to ensure that there won't be any interference with the ditch road .
Commissioner Wailes referred to the open ditch and asked if it is a drainage ditch. Ms. Hinze replied yes
and added that it is a seep ditch that collects decreed water rights in favor of Greeley Irrigation Company.
Commissioner Cope asked how large that tile line is. Ms. Hinze stated that it is a 24-inch tile line.
Ms. Hinze requested that the applicant enter into an agreement with the Storms Lake Drainage District.
Star Waring . attorney for Greeley Irrigation Company. 2060 Broadway, Boulder, Colorado, said that the
applicants have coordinated with the Greeley Irrigation Company and they were generally satisfied with
their proposal. However, with this new development with the proposed crossing over the drain tile
potentially affects the amount of water flowing into the supply ditch would be of concern. Therefore. they
would want to participate in whatever agreement is reached between the Storms Lake Drainage District
and the applicant so they can be satisfied that there will not be an impact.
Commissioner Holland asked the attorneys if they feel it is possible to reach an agreement with the
applicant. The attorneys agreed that it is possible.
Kevin Schumacher., 12710 Shiloh Road . stated that he is the President of Bracewell HOA and is
representing the 10 property owners of that subdivision. He added that they are concerned with the noise
and visual concerns. The noise is proposed under the industrial noise standard which is 80 decibels
compared to the residential/commercial noise standard of 55 decibels. His home is directly across the road
from the proposed site and they are asking to take noise control into consideration. The surrounding mining
operations in the area have berms to help with noise and visual obstruction. Mr. Schumacher said that they
would like to see a landscaping buffer required and create some kind of landscape berming.
Mr. Schumacher said that the Bracewell turn going eastbound there has been frequent accidents and
fatalities and they fear that if there is continued activity on that corner creating additional distractions it will
cause further accidents, so a large berm would hopefully defer that as well.
Mr. Dains said that they have met with the users of the siphon to discuss the proposed realignment and
engineering for that has not been prepared yet as the realignment in question is still up in the air.
Mr. Dains said that they contacted Storms Lake Drainage District and the Greeley Irrigation Company to
discuss the use the Storms Lake ditch. They were seeking a crossing agreement to install a new crossing
over the ditch as well as the ability to discharge the dewatering water into the ditch which would then flow
down to the Poudre River. He added that there were some additional meetings and agreements were
drafts, but ultimately the operator and landowner were not able to come into agreement and they are still
attempting to work out an arrangement to use the ditch as a drainage. If they can't come into an agreement
the water will be hauled to the Bucklen pit and discharge it to their existing facility. There is an existing
landowner crossing over the drain tile and rather than construct a new crossing Bucklen is proposing to use
that existing crossing. There is some question of the strength of it, but Mr. Dains said he is informed by
Bucklen that the ditch company does drive an excavator across that to clear out the ditch prior to the
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irrigation season. He added that Bucklen is willing to reinforce that crossing as needed . but it does currently
serve the purpose to allow heavy traffic to cross the ditch.
Commission Cope asked what the depth of groundwater is at that location. Mr. Dains replied that it is
roughly five (5) feet. Mr. Cope asked what the final depth of the pit will be. Mr. Dains said that it will be 20
to 30 feet deep. Mr. Cope asked if he would know approximately how much water would be trucked. Mr.
Dains said it would be a sizeable amount which is why Storms Lake Drainage District is their first priority.
Mr. Cope said that he is concerned with the trucking of the water if an agreement can't be made.
The Chair asked the applicant if he had met with the Bracewell homeowners. Mr. Dains said that this
concern was recently raised so they have not met with Bracewell, however. Bucklen is planning to install
screening berms around the site. The initial mining will be on the surface and the noise will be the greatest
and as they get into the pit it will become less. He added that they are in compliance with the industrial
noise regulations. The Chair asked if a noise study was completed. Mr. Dains said that they evaluated the
typical decibel level with the equipment they plan to use and the location on the site relative to where the
nearest home is and found that at that distance they are within the industrial noise regulations.
Commissioner Cope referred to the siphon and said that he is concerned that this is a bigger challenge that
what they think. He asked the applicant if they are confident that they can run that siphon with the same
equivalent flows that are presently there. Mr. Dains said that they are confident that they can get an
engineering design that will tap into where it is existing and continue to carry the same amount of flow that
it has historically.
Commissioner Cope asked what precautions will be taken to protect the existing clay pipe with the trucks
going over it. Mr. Dains said that Bucklen is willing to reinforce the crossing throat base. Initially Bucklen
proposed to install a new reinforced concrete crossing over the Storms Lake Drainage Ditch that would
have handled the increased truck traffic but ultimately they didn't come into agreement. Mr. Cope
recommended staying away from clay pipe.
The Chair asked Staff for their changes to the resolution. Commissioner Beck said in his opinion the
applicant is not far enough along to give them substantial answers on things or indications that everything
is happening according to plan and that everything is going to get done. He is reluctant to approve this
without having more of these issues settled and appearing to have the applicant to have a grasp of what is
happening and when. The Chair said that Mr. Beck could make a motion to continue this case if that is his
desire. Mr. Beck said that he doesn't want to make that motion but just wanted to express his thoughts on
this project.
Ms. Snyder recommended amending Condition of Approval 1 . B The applicants shall address the
requirements of the Whitney Irrigation Company shareholders who are the users of the downstream siphon
lateral. as stated in the referral response dated October 14. 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services".
Motion : Amend Condition of Approval 1 . B . as stated by Staff. Moved by Torn Cope. Seconded by Bruce
Johnson . Motion carried unanimously.
Ms. Snyder recommended adding a new Condition of Approval 1 . C to read The applicants shall address
the requirements of the Storms Lake Drainage District, as stated in the referral response dated November
18. 2019. Written evidence of such shall be submitted to the Weld County Department of Planning
Services '.
Ms. Snyder recommended adding a new Condition of Approval 1 . D to read The applicants shall address
the requirements of the Greeley Irrigation Company. Written evidence of such shall be submitted to the
Weld County Department of Planning Services".
Motion : Add Conditions of Approval 1 . C and 1 . D, as stated by Staff, Moved by Gene Stille, Seconded by
Bruce Johnson .
Commissioner Cope asked if it should be tied down more and asked if it should read that an approved
agreement between the two parties should be approved or executed. Mr. Choate said that the applicant
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has presented an alternative to the use of the drainage ditch which would be trucking offsite. He added
that you can add that there needs to be an agreement if you don't agree with the trucking offsite.
Mr. Cope said that he is concerned with the volume of water to be trucked offsite and the wear and tear of
the roads. It would have an impact to truck all of the water from this site to their existing discharge point.
Mr. Choate said that if you require an agreement. then you need to amend the motion. Commissioner
Johnson said that he is concerned that if we require that they have to come to an agreement with Storms
Lake Drainage District and they find an alternative of discharging that water. then we have restricted their
ability to find an alternative. He is strongly against the impact of trucking the water offsite. Mr. Cope agreed
and said that we can add a note that specifically states that any trucking of the water needs to be approved
through the County Commissioners. Commissioner Hatch asked if we remove the trucking option is that
taking away some of their negotiating power. Commissioner Stille said that we should leave the motion as
it stands.
The Chair called for the vote. Motion carried unanimously.
The Chair referred to Staff's request to remove Condition of Approval 1 . E . Mr. McRoberts added that the
applicant has submitted a drainage narrative with a qualifying exception, and it has been reviewed and
approved.
Motion : Delete Condition of Approval 1 . E, as recommended by Staff. Moved by Bruce Johnson ,
Seconded by Elijah Hatch . Motion carried unanimously.
Mr. McRoberts said that in the application there was 34 truck round trips per day and 10 passenger vehicles
and there was no mention of trucking water offsite. Therefore. if there was going to be a requirement for a
substantial number of additional trucks. he would need to know so if he needs to upgrade the Road
Maintenance Agreement to an Improvements Agreement with triggers or something of that nature. Ms.
Snyder said that if this gets approved and the applicant wants to do some additional trucking. then they
would have to do an amendment for the increase in trucking .
Commissioner Johnson asked for discussion on the noise concern. The Chair said that there is a noise
study in the application and it is listed under the industrial noise limit. He asked if the Planning
Commissioners want to change it. Ms. Light said the noise limit for industrial is 80 decibels during day and
75 decibels during nighttime. The consensus of the Planning Commission was not to change the noise
limit.
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 USR19-0058 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 Gene Stifle, Seconded by Elijah Hatch .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson , Elijah Hatch. Gene Stifle, Lonnie Ford . Michael Wailes , Richard Beck. Skip Holland .
Tom Cope.
Commissioner Stille commented that he is very familiar with this location and in his opinion the highest and
best use of this property is mining . He added that 83rd Avenue and O Street need to be fixed for the traffic.
Commissioner Cope said that Staff needs to be very well aware that once everything gets resolved and
gets approved that everything gets followed very closely as there are some items up in the air. He said that
as long as permit and agreements are followed correctly. this is a very viable project and won't impact the
area very much.
Commissioner Beck agreed with Mr_ Cope and said that the applicant needs to be aware that they will have
to make a lot more contact and more head way with the problems they are facing to get this done
satisfactorily.
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Commissioner Holland had reservations that there is a lot of work that should be done and it places a huge
burden on Staff to make sure that it is done.
Meeting adjourned at 3:26 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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