HomeMy WebLinkAbout20202482.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0013, FOR OPEN MINING (SAND, GRAVEL AND STONE), MOBILE
MINING EQUIPMENT PARKING AND STORAGE, AND EMPLOYEE AND VENDOR
PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
1-25 REGIONAL URBANIZATION AREA AND THE A (AGRICULTURAL) ZONE
DISTRICT - JERRILYN STINAR AND RICHARD AND MARGARET VOGL, C/O
BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day of
August, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jerrilyn Stinar and Richard and Margaret Vogl, 11995 CR 11.25, Longmont,
Colorado 80504, c/o BURNCO, LLC, dba Bestway Concrete and Aggregate, 301 Centennial Dr.,
Milliken, Colorado 80543, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0013, for Open Mining (sand, gravel and stone), mobile mining equipment parking
and storage, and employee and vendor parking outside of subdivisions and historic townsites in
the 1-25 Regional Urbanization Area and the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
E1/2 SW1/4 and SW1/4 SW1/4 of Section 36,
Township 3 North, and the NW1/4 NW1/4 of
Section 1, Township 2 North, all in Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant BURNCO present and represented by Mark
Johnson, 301 Centennial Dr., Milliken, CO 80543, and represented by Andy Rodriquez, Civil
Resources, 323 5th Street, Frederick, CO 80530, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
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PAGE 2
1) Section 22-2-10.D states: "Extraction of natural resources is an
important part of the economy of the County. Such extraction
operations should minimize the impacts to agricultural lands and
agricultural operations." The County recognizes that mineral
resource extraction is an essential industry. The availability and
cost of materials, such as sand and gravel, have an effect on the
successfulness of general construction and County road and
regional highway construction industries. The agricultural lands
associated with the surface estate is underlain with a known viable
aggregate deposit. With the completion of mining, the site will be
reclaimed as production agricultural lands and two (2)water storage
reservoirs.
2) Section 22-5-80.B (CM.Goal 2) states" "Promote the reasonable
and orderly exploration and development of mineral resources."
Commercial mineral deposits known to be located in the County
include sand and gravel, coal, and uranium. High-quality sand and
gravel deposits in the County are found along major drainage ways.
This site is located adjacent to the St. Vrain River corridor. The area
is classified as Floodplain and Valley-fill deposits being water
deposited gravel, sand, silt, and clay along present stream courses
and consists of sands ranging from coarse-gravelly stream sands
to fine-grained wind deposits. The project site is also adjacent to
and within Stream-terrace deposits consisting of older stream
deposits, preserved as a bench flanking the present St. Vrain River
course, and consists of gravels that are relatively clean and sound,
and includes unevaluated aggregates, per the Weld County Sand
Gravel Resources map of 1974.
3) 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 proposed mine may adversely
impact the adjacent land uses and roads. The rural nature of the
area and the existing mining operations make the proposed Mining
Operation and Reclamation Plan compatible with surrounding land
uses. Lands south of County Roads 26 and 24.5 have been
annexed into the Town of Firestone and contain the Shores
Resource reclaimed mined lands for water storage and the
aggregate processing plant. Lands to the west contain rural
residential houses on tracts of land utilized for agrarian uses. Lands
to the north will not be mined with the Barefoot Lakes residential
development beyond the St. Vrain River corridor. Lands to the east
contain the Pelican Shores residential Planned Unit
Development (PUD) and lake reservoirs. To address impact to the
area roads, the Weld County Department of Public Works is
requesting a Road Maintenance Agreement including, but not
limited to, dust control and damage repair to specified haul routes,
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
PAGE 3
as a Condition of Approval to be accepted by the Board of County
Commissioners prior to recording the Use by Special Review (USR)
map.
4) Section 22-5-80.D (CM.Goal 4) states: "Minimize hazardous
conditions related to mining activities and the mining site." The
proposed permit area is located west of and adjacent to County
Road 11.25; north of and adjacent to County Road 26, within parts
of the St. Vrain River floodplain. Aggregate materials within the
proposed permit area are composed of stream and terrace deposits
associated with the historic river corridor drainage system. The
terrace deposits within the proposed permit area extend from the
surface or near-surface to a variable depth of approximately 10 to
22 feet throughout the site. The aggregate material will be
recovered using equipment typical for sand and gravel mining
operations. Earth moving equipment may include, but are not
limited to, loaders, excavators and off-road haul trucks. The
aggregate material from the pit may be temporarily stockpiled within
the pit or transported by an overhead conveyor directly to the
processing facility located within the Town of Firestone corporate
limits at the Shores Resource processing area, located near County
Road 24 and County Road 9.75. During mining and reclamation
activities, watering trucks will be used, as needed, for dust control.
Since the material is unconsolidated deposits, no explosives or
blasting is required.
5) Section 22-5-80.E (CM.Goal 5) states: "Provide for timely
reclamation of all mining sites and promote their beneficial reuse."
Following temporary mining disturbances from the proposed Vogl
Pit, reclamation will take place concurrently with mining activities.
The current land use on the properties is fallow ground and irrigable
lands. The use of this land will change to two (2) water storage
reservoirs and reclaimed agricultural lands. Most of the land
surrounding the proposed permit area has similar uses of river
corridor, gravel mining and batch plants and limited rural residential
development. With the river corridor being undeveloped land in the
surrounding area, maintaining this land as a river corridor is of vital
importance in helping preserve those qualities that make a river or
stream suitable as a habitat for wildlife, a site for recreation, and a
source for other water uses. These corridors also allow the free
movement of wildlife from area to area within the region, help
control erosion and river sedimentation, and help absorb
floodwaters consistent with the more regional land uses and for the
continuation of agricultural operations.
2020-2482
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S of the Weld County Code provides for a Site
Specific Development Plan and Use by Special Review for Open
Mining (sand, gravel and stone), mobile mining equipment parking
and storage and employee, and vendor parking outside of
subdivisions and historic townsites, and Section 26-1-50 provides
for an exemption to the PUD District provisions and will require a
USR application for sand and gravel mining operations in the 1-25
Regional Urbanization Area and the A (Agricultural) Zone District.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands in Weld County
consist of agricultural uses, mining, the river corridor, rural residences and
large residential developments. There are several residences in the near
vicinity to the proposed aggregate mine site with both the rural residential
tracts and the large residential estate tracts. Lands annexed into the Town
of Firestone south of this location are in lined water storage reservoirs.
There are multiple historic USRs within one (1) mile of the site for aggregate
mining operations, oil and gas production facilities, and a 6,000-head dairy.
There are also current USRs within one (1) mile of the site for the Aurora
Organic Dairy Processing Facility and the Southwest Service Center
communications tower.
Colorado Parks and Wildlife (CPAW) returned a referral response, dated
June 28, 2020, with several recommendations specific to wildlife corridors
and retention of wildlife habitat, potential raptor nests, bald eagle
concentration areas, tree replacement due to loss of trees during mining,
and noxious weed control. Further stating, by keeping these riparian
corridors intact, not only does it provide habitat for wildlife, but it also helps
mitigate conflicts between wildlife and people. Fragmented landscapes
often push wildlife into urban areas where they come in conflict with people.
Riparian corridors provide habitat and movement corridors that help
mitigate conflicts with people.
The Weld County Department of Public Health and Environment, in the
referral dated July 6, 2020, indicated that noise associated with this facility
is restricted to the level allowed in the Industrial Zone District. The sound
engineer's analysis indicates the industrial limit can be met 25 feet off the
property line and the residential limit can be met at adjacent residences, as
long as noise mitigation requirements are complied with, as stipulated in
the noise analysis. The Colorado Division of Water Resources, in the
referral dated June 11, 2020, indicated that "if reclamation of the mine site
will produce a permanent water surface exposing groundwater to
evaporation, an application for a plan for augmentation must be filed with
the Division 1 Water Court at least three (3) years prior to the completion
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, CIO BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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of mining to include, but not be limited to, long-term evaporation losses and
lagged depletions. If a lined pond results after reclamation, replacement of
lagged depletions shall continue until there is no longer an effect on stream
flow."
The Weld County Department of Planning Services, Floodplain
Administrator, in the referral dated June 16, 2020, indicated that the project
boundary is encumbered by the St. Vrain River Floodplain and that any
construction or other development occurring within the boundary would
require a Floodplain Permit. Notice was sent to 15 surrounding property
owners and no letters or telephone calls concerning the application were
received. The Conditions of Approval require the applicant to submit an
Emergency Action and Safety Plan, a Decommissioning Plan for vertical
improvements, a Communication Plan, a Landscape (earth berm) and
Screening Plan to mitigate the impacts on the residential development
patterns to the west and east, and an Improvements Agreement (for roads
and traffic). The Conditions of Approval and Development Standards 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 23-2-230.6.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within a three (3) mile referral area of
four (4) municipalities, specifically the Towns of Frederick, Firestone, and
Mead, and the City of Longmont. As previously stated, the project site is
also located within the existing Intergovernmental Agreement
Area/Coordinated Planning Area for the Towns of Firestone and Mead. The
2013 Firestone Master Plan Map delineates the site as within the Urban
Growth Boundary within a defined Use of riparian river corridor open space
and residential low-density development patterns. The Town of Firestone
did not return a referral response. The 2015 Frederick Comprehensive Plan
and updated 2019 Land Use Plan delineate the project site as outside of
the Town's Growth Management Area. The Town of Frederick returned the
referral, dated June 9, 2020, with no concerns. The 2018 Town of Mead
Comprehensive Plan, Future Land Plan delineates the project site as
outside of the Town's Planning Influence Area. The Town of Mead returned
the referral, dated June 30, 2020, with no concerns. The 2016 City of
Longmont Multi-modal and Comprehensive Plan's Growth Framework Plan
delineates the project site as outside of the City Planning Area. The City of
Longmont returned the referral, dated June 6, 2020, with no concerns.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Airport or Geologic Hazard Overlay District or MS4 - Municipal Separate
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MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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Storm Sewer System area. The project site is within a Special Flood
Hazard Area, according to the Federal Emergency Management Agency
Flood Insurance Rate Map (FIRM) Community Panel No. 08123C-1890E,
effective January 20, 2016 (St. Vrain River Floodplain). Portions of the
project site lie within Zone AE, which is within the 100-year floodplain. All
structures will be anchored to protect against flooding and all electrical
components will be installed a minimum of one (1) foot above the 100-year
flood elevation. Portions of the site are also located within the 1-25 RUA.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed mine site is located on approximately 78 acres of Prime
(Irrigated), approximately 27 acres of "Irrigated Land (Not Prime)" and
approximately 55 acres of "Other Land," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The lands associated
with productive agricultural practices and identified as Prime Agricultural
lands will be restored to native ground post mining. Therefore, given this
proposed reclamation plan, no prime agricultural land will be removed due
to mining.
G. Section 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jerrilyn Stinar and Richard and Margaret Vogl,
c/o BURNCO, LLC, dba Bestway Concrete and Aggregate, for a Site Specific Development Plan
and Use by Special Review Permit, USR20-0013, for Open Mining (sand, gravel and stone),
mobile mining equipment parking and storage, and employee and vendor parking outside of
subdivisions and historic townsites in the I-25 Regional Urbanization Area and the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. 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.
B. The applicant shall submit a recorded copy of any agreement signed by all
the owners of the property crossed by the access. The access shall be for
2020-2482
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, CIO BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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ingress, egress, and utilities, and shall be referenced on the USR map by
the Weld County Clerk and Recorder's Reception number.
C. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
D. A Screening Plan shall be submitted to, and approved by, the Department
of Planning Services to screen the outdoor storage of vehicles and
equipment from the surrounding property owners and public rights-of-way.
E. An Earth Berm Plan shall be submitted to the Department of Planning
Services that addresses the screening and shall be seeded in a seed mix
approved by the Department of Public Works.
F. A Decommissioning and Reclamation Plan for all permanent and
temporary structures, including equipment associated with the aggregate
conveyor associated with the aggregate mine, shall be submitted to, and
approved by, the Department of Planning Services.
G. The applicant shall submit a letter to the Department of Planning Services
requesting that USR-642 be rescinded and vacated.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0013.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
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.
7) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
2020-2482
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, CIO BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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8) The applicant shall show and label all recorded easements and
rights-of-way by book and page number or reception number and
date.
9) County Road 26 is a paved/gravel road and is designated on the
Weld County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 11.25 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall 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.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2020-2482
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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17) Setback radii for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of
Section 23-3-70.E of the Weld County Code.
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 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.
4. Prior to Construction:
A. Any construction in the floodplain requires a Floodplain Permit.
B. The approved access and tracking control shall be constructed prior to
on-site construction.
C. If more than one (1) acre is to be disturbed for construction outside of the
sand and gravel mining area, a Weld County Grading Permit will be
required.
D. The applicant shall address the concerns of the Kerr-McGee Gathering,
LLC referral relating to conformity of rights-of-way in conjunction with
mining operations. A Written response shall be provided to the Department
of Planning Services.
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. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted to, and accepted by, the
Division of Reclamation, Mining and Safety.
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SPECIAL REVIEW PERMIT (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, CIO BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
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6. Prior to Reclamation:
A. The applicant shall submit a plan for augmentation to the Division 1 Water
Court at least three (3) years prior to the completion of mining to include,
but not be limited to, long-term evaporation losses and lagged depletions.
If a lined pond results after reclamation, replacement of lagged depletions
shall continue until there is no longer an effect on stream flow. A written
response of this action taken shall be provided to the Department of
Planning Services.
7. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di ;4,
Mike Freeman, Chair
Weld County Clerk to the Board• Steve i.reno, ' -Tem
BY:
Deputy Clerk to the Board
La Sc tt . James
AP D AS TO
1861 1 ; _ t♦i�:'rbara Kirkmeye
County Att•rney -.,/ EXCUSED
°U111. Kevin D. Ross
Date of signature: ca/03/20 "�•-r
2020-2482
PL2760
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JERRILYN STINAR AND RICHARD AND MARGARET VOGL,
C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
USR20-0013
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0013, is
for Open Mining (sand, gravel and stone), mobile mining equipment parking and storage,
and employee and vendor parking outside of subdivisions and historic townsites and within
the 1-25 Regional Urbanization Area and the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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 governmental 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. When the applicant becomes aware of
projects that require night operations, they will email the Weld County Planning Director
to let him/her know about the plans to operate outside of daylight hours, who the project
is for, how long it will be occurring, and where the materials are being delivered.
4. The number of on-site employees shall be up to five (5).
5. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
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.
7. The proposed screening on the site shall be maintained in accordance with the approved
Screening Plan.
8. The property owner or operator shall maintain compliance with the approved
Communication Plan.
9. The property owner or operator shall maintain compliance with the approved
Decommissioning and Reclamation Plan.
10. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR permit.
11. 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 District and the Weld County Office of Emergency
Management to the Department of Planning Services.
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12. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
15. 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.
16. The property owner or operator shall comply with all requirements provided in the
executed Road Maintenance Agreement.
17. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
18. The historical flow patterns and run-off amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
21. 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, C.R.S. §30-20-100.5.
22. 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.
23. Waste materials shall be handled, stored, and disposed of 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 I, of the Weld
County Code.
24. 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.
25. 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 of the
Colorado Department of Public Health and Environment, as applicable.
2020-2482
PL2760
DEVELOPMENT STANDARDS (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
PAGE 3
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with the
accepted Noise Modeling Report.
27. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from
the facility area in a manner that prevents nuisance conditions.
28. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Any On-Site Wastewater Treatment System located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-Site Wastewater Treatment Systems.
29. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and shall be screened from existing adjacent
residential properties and public rights-of-way.
30. 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.
31. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
32. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
33. The operation shall comply with the Mine Safety and Health Act (MSHA).
34. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
35. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
36. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-1890E, effective January 20,
2016 (St. Vrain River Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
2020-2482
PL2760
DEVELOPMENT STANDARDS (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
PAGE 4
37: 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.
38. 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.
39. 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 have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, 2012 International Fire 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.
40. 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.
41. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
42. 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.
43. 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.
44. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
2020-2482
PL2760
DEVELOPMENT STANDARDS (USR20-0013) - JERRILYN STINAR AND RICHARD AND
MARGARET VOGL, C/O BURNCO, LLC, DBA BESTWAY CONCRETE AND AGGREGATE
PAGE 5
45. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
46. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
47. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2020-2482
PL2760
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