HomeMy WebLinkAbout20201833.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0008, FOR OPEN MINING (SAND, GRAVEL AND STONE) AND
PROCESSING OF MINERALS, WITH ANCILLARY OPERATIONS AND EQUIPMENT,
INCLUDING A HOT MIX ASPHALT (HMA) BATCH PLANT, RECYCLED ASPHALT
OPERATIONS, THE EXPORTING OF AGGREGATES, MINE OFFICE WITH SCALE
HOUSE AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE
GENERATORS, MOBILE MINING EQUIPMENT PARKING AND STORAGE AND
EMPLOYEE AND VENDOR PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - COULSON
EXCAVATING COMPANY, INC., AND CROISSANT FAMILY FARM, LLC
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 24th day of
June, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Coulson Excavating Company, Inc., 3609 N. CR 13, Loveland Colorado 80538,
and Croissant Family Farm, LLC, 49316 CR 83, Briggsdale, Colorado 80611, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0008, for Open Mining (sand,
gravel and stone) and processing of minerals, with ancillary operations and equipment, including
a hot mix asphalt (HMA) batch plant, recycled asphalt operations, the exporting of aggregates,
mine office with scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage and employee and vendor parking outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RE-1347; being part
of the SE1/4, and part of the SW1/4 all in Section 19,
Township 5 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Peter
Wayland, Weiland, Inc., P. O. Box 18087, Boulder, CO 80308, and David Foster, Foster Graham
Milstein & Calisher, LLP, 360 South Garfield Street, 6th Floor, Denver, Colorado 80209, 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.
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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.
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 grazing 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 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 Big Thompson 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 Big
Thompson River course and consists of gravels, 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, roads and possibly highways. The
rural nature of the area and the existing mining operations make the
proposed mining operation and reclamation plan compatible with
surrounding land uses. Lands south of County Road 54 and
adjacent to the Big Thompson River corridor have several open
mining (sand, gravel and stone) and processing of minerals,
including recycle operations for concrete and concrete batch plants,
permitted under Weld County land use permit numbers
AMUSR-1329 (Loveland Ready Mix, Inc.-Johnstown Ready Mix,
Inc.) and AmUSR-672 (Coulson Excavating, Inc.) and to the west is
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a sand and gravel mine currently operated by Loveland Ready Mix,
Inc., under a Larimer County Use by Special Review Permit. Many,
if not all, of these permitted facilities are located near or within the
Big Thompson River floodplain. To address impact to the area
roads, the Weld County Department of Public Works and the
Larimer County Roads are requiring a Road Maintenance
Agreement with up-front improvements required for the proposed
mine site, including the haul route from the mine entrance, as a
Condition of Approval to be accepted by the Board of County
Commissioners prior to recording the USR map.
4) Section 22-5-70.D (CM.Goal 4) states: "Minimize hazardous
conditions related to mining activities and the mining site." The
proposed permit area is located east of and adjacent to County
Road 13 and north of and adjacent to County Road 54, Freedom
Parkway, and near the Big Thompson 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 25 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, dozers, loaders, scrapers, and excavators. The
aggregate material from the pit will be temporarily stockpiled within
the pit or transported directly to the processing facility. During
mining and reclamation activities, watering trucks for dust control
will be used, as needed. Since the material is unconsolidated
deposits, no explosives or blasting is required.
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 Amen
Pit, reclamation will take place concurrently with mining activities.
The current land use on the Amen Pit property is for the grazing of
cattle. The use of this land will change to water storage reservoirs
and rural residential development and retain lands east of the Hill
and Brush Irrigation Ditch for agriculture. 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
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floodwaters consistent with the more regional land uses and for the
continuation of agricultural operations.
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 Permit for
Open Mining (sand, gravel and stone) and processing of minerals,
with ancillary operations and equipment, including a hot mix
asphalt (HMA) batch plant, the exporting of aggregates, mine office
with scale house and scale, a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage, and
employee and vendor parking outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District. Asphalt and
Concrete Batch Plants are not an allowed use in the A (Agricultural)
Zone District; it is only allowed as an accessory to the open mining
under Weld County Code Section 23-4-290.1. The total importation
from the Stroh Pit will be limited to less than five to ten percent
(5-10%) of the overall processing of the facility, which is considered
an accessory to the open mining use, and there will be no increase
in the normal, daily, operational truck traffic, as identified in the
Traffic Study.
C. Section 23-2-230.B.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, concrete batch plant and concrete
recycle operations, the river corridor, rural residences and in Larimer
County a gravel mine and confined animal feeding operation and rural
residential development patterns. There are several residences in the near
vicinity to the proposed aggregate mine site. The closest residence outside
of the DRMS permit boundary is residence #1 about 65 feet north of the
property line and 271 feet from the mining activity associated with future
mining cell 5; residence #2 is 215 feet west of the mine site and 325 feet
from the plant processing area and future mining cell #6 and is surrounded
by the Loveland Ready Mix aggregate mine located in Larimer County;
residence #3 is the Croissant Family Farm residence located 55 feet from
the permit boundary/property line and 700 feet to the mining activity
associated with mining cell 1; residence #4 is located 260 feet from the
permit boundary and 725 feet from the future mining area of cell #1 and is
within the Lakota Lakes Ranch PUD; residence #5 is located 575 feet from
the permit boundary and 1,750 feet from the mining activity associated with
cell #1.
There are multiple USRs within one (1) mile of the site. As previously
stated, there two (2) land use permits for mining operations located south
of County Road 54; there are also three 3 residential developments, Lakota
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Lakes Ranch PUD is southeast of the intersection of County Road 15 and
County Road 54, adjacent to this development is Heritage Crossing PUD
formerly permitted as Challenger Ranch PUD and Heron Rookery, the third
residential development is one half mile west of County Road 15 on County
Road 52 and is known as the 5225 Estates PUD. There are other uses in
the area including oil and gas production facilities, the Big Thompson River
corridor and associated floodplain, active irrigation ditches, rural residential
development patterns, and to the north near County Road 15 and County
Road 56 is the Coyote Ridge PUD. There are also multiple USRs, including
USR-818 for a single family dwelling, USR15-0040 for parking and staging
area for a trucking and construction business, along with transloading of
fly-ash; USR15-0075 for a construction business, maintenance shop and
outdoor storage; USR15-0027 for Martin Marietta Asphalt and Concrete
Batch Plants and internal loop rail spur, exempt from land use permits;
USR15-0028 for a Conference center, executive retreat and wedding
venue; USR14-0033 for a Agritainment facility; USR16-0010 Concrete
construction company and outdoor equipment storage; USR-871 for
three (3) AM radio towers up to 249-feet in height; and USR-585 for the
Trailblazer Oil and Gas Company Inc., Natural Gas Processing Plant.
Colorado Parks and Wildlife returned a referral response dated April 20,
2020, with several recommendations specific to aquatic habitat recovery
and conservation waters, potential raptor nests, bald eagle concentration
areas, tree replacement due to los of trees during mining, noxious weeds,
wildlife escape ramps out of the mine pit area and post reclamation plans
for the water storage vessels and the benefit of irregularity in shorelines for
wildlife habitat.
Weld County Department of Public Health and Environment in their referral
dated April 23, 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 the following noise mitigation requirements are complied with as
stipulated in the noise analysis. Further stating, "provided that all following
recommendations and conditions are followed, noise from the construction
and operation of the proposed project is predicted to be in compliance with
C.R.S. §25-12 limits."
The Weld County Department of Planning Services sent notice to 17
surrounding property owners. Planning staff received a letter from the
adjacent property to the north of the site with concerns about traffic
numbers, noise, dust and preservation of existing trees. Staff also received
two telephone calls of inquiry about the application on behalf of the Lakota
Lakes Ranch PUD Homeowners Association and one from the property to
the north. Planning staff indicated that written correspondence may be
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submitted up to and during the Planning Commission hearing and will be
inventoried as a part of the official record for the case.
The location of the batch plant is to be located near the intersection of
County Road 13 and County Road 54, Freedom Parkway. Access to the
facility is north of this intersection. Adjacent to the south of County Road 54
is the Loveland Ready Mix concrete batch plant. The Conditions of
Approval require that the applicant submit an Emergency Action and Safety
Plan, a Decommissioning Plan, Lighting Plan, Communication Plan,
Screening Plan and an Improvements and Road Maintenance 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.B.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 Johnstown, Milliken and
Windsor and the City of Greeley, with Larimer County adjacent to the west.
As previously stated, the project site is also located are located within the
existing Intergovernmental Agreement Area/Coordinated Planning Area for
the Towns of Johnstown, Milliken and Windsor.
1) The 2006 Johnstown Area Comprehensive Plan, Land Use
Framework Plan delineates the site as within their Growth
Management Area within a defined use of conservation-oriented
agricultural, large lot residential with a planned community trail
located to the north of the Big Thompson River. The Town of
Johnstown did not return a referral response.
2) The 2015 Milliken Comprehensive Plan Framework map delineates
the project site as west of the Town Urban Growth Area and their
Influence Area. The Town of Milliken did not return a referral
response.
3) The 2018 Town of Windsor Comprehensive Plan, Land Use and
Development map delineates the project site as outside of the
Town's Growth Management Area. The Town of Windsor referral
dated March 30, 2020, stated, "we have reviewed the request and
find no conflicts with our interests."
4) The City of Greeley is also within the three (3) mile referral area but
does not have an Intergovernmental Agreement/Coordinated
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Planning Area Agreement with Weld County. The City of Greeley
Comprehensive Plan entitled "Imagine Greeley" was adopted
February 6, 2018. The City of Greeley Land Use Guidance map,
undated and prepared December 1, 2017, identifies the project area
as outside of their Growth Management Area. The City of Greeley
referral dated April 2, 2020, stated, "We have reviewed the request
and find no conflicts with our interests."
5) Larimer County 2019 Comprehensive Plan's Framework Map for
the Front Range Extent identifies the lands west of County Road 13
as urban/rural interface and defined with the preferred uses of
agriculture, lots on 35 acres or greater, conservation developments
and rural planned developments. The 2019 Larimer County Zoning
Map designates land to the west of County Road 13 as FA —
Farming with a floodplain designation. Larimer County did not return
a referral response.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Airport or Geologic Hazard Overlay District or MS4 - Municipal Separate
Storm Sewer System area. The project site is within a Special Flood
Hazard Area according to the Federal Emergency Management Agency
Flood Insurance Rate Map (FIRM) Community Panel No. 08123C-1495E
effective date January 20, 2016 (Big Thompson 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. 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 141.83 acres of
"Irrigated Land (Not Prime)" and approximately 34.68 acres of"Other Land"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. There will be no prime agricultural land 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Coulson Excavating Company, Inc., and Croissant
Family Farm, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0008, for Open Mining (sand, gravel and stone) and processing of minerals, with ancillary
operations and equipment, including a hot mix asphalt (HMA) batch plant, recycled asphalt
operations, the exporting of aggregates, mine office with scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and storage and
employee and vendor parking outside of subdivisions and historic townsites in 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. The applicant shall address the concerns of the Department of Public
Works referral relating to the proposed County Road 13 and County
Road 15 access locations.
B. The applicant shall submit a final Traffic Impact Study, prepared, stamped,
and signed by a registered Professional Engineer licensed in the State of
Colorado, that addresses the concerns of the Department of Public Works
review.
C. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. It may include improvements at the mine access of County
Road 13 and at the intersection of County Road 13 and County Road 54.
D. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
E. All access roads from sand and gravel operations to public highways, roads
or streets, or to adjoining residential structures, shall be paved or otherwise
treated to minimize dust conditions on all parts of such access roads which
are located within 0.25 miles of the public highway, road, street or adjoining
residential structure.
F. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated March 30, 2020.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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G. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
H. A Lighting Plan for nighttime operations, as applicable, shall be submitted
to, and approved by, the Department of Planning Services.
A Screening Plan depicting the existing trees adjacent to the river for visual
mitigation and a proposed 10-foot in height earthen berm, that precludes
the use of chain-link fencing with slats or mesh fabric on chain-link to
screen the site from the surrounding property owners and public
rights-of-way, shall be submitted to, and approved by, the Department of
Planning Services.
J. A Decommissioning Plan for all permanent and temporary structures,
buildings and equipment associated with the production and processing of
material associated with the aggregate mine shall be submitted to, and
approved by, the Department of Planning Services.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0008.
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) The map shall delineate the on-site lighting for night-time
operations, if applicable, in accordance with the approved Lighting
Plan, as applicable.
7) 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.
8) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
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9) The applicant shall show and label all recorded easements and
rights-of-way by book and page number or reception number and
date.
10) County Road 13 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 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) County Road 54 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 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 right-of-way. This road is maintained by
Weld County.
12) County Road 15 is a paved 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 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 right-of-way. This road is maintained by
Weld County.
13) The applicant shall show and label the approved access locations
on to County Road 13 and on to County Road 15, 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
onto County Road 15 prior to construction.
14) The applicant shall show and label the approved tracking control on
the site plan.
15) 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.
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16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
17) The applicant shall show and label the drainage flow arrows.
18) 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.
19) Setback radiuses 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. The approved accesses for County Road 13 and County Road 15 and
tracking control on County Road 13 shall be constructed prior to on-site
construction.
B. 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.
C. The applicant shall notify Public Works of the anticipated start date and
schedule a stormwater inspection. If construction has commenced without
contacting Public Works, the site will be in violation, a Stop Work Order will
be issued, and further enforcement actions may be pursued.
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D. The applicant shall attempt to address the concerns of the Front Range
Fire Rescue specific to their referral dated April 17, 2020.
5. During Construction:
A. Public Works shall be allowed to enter the premises to inspect temporary
control measures (BMPs) for proper installation and maintenance as
detailed in the site's Grading Permit. Inspections occur to ensure adequate
measures are taken to protect the landowner, neighboring properties,
adjacent roadways and nearby waterways from the potentially adverse
effects of stormwater runoff. Inspections shall occur at a frequency
determined by the site's compliance, with higher inspection frequencies for
non-compliance.
6. 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. Accepted construction drawings and construction of the off-site roadway
improvements are required prior to operation.
C. 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.
7. Prior to Certificate of Occupancy:
A. The applicant shall submit an As-Built Drawing of each permanent control
measure, signed and stamped by a Professional Engineer registered in the
State of Colorado. After the submittal, Public Works shall be allowed to
enter the premises to inspect the permanent control measure(s) to confirm
proper installation, as detailed in the drawing.
8. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia.%)
Mike Freeman, Chair
Weld County Clerk to the Board
Plf.;
teve eno, Pro-Tem
BY:
eputy Clerk to the Board 4•001tdow,.`
` SCQ t . James
APP A s!, i'il'. �;.1q�� ,•
APP
I �' , 1IIM:arbara Kirk e er
my Attorney \`r �J
�� ( ' '�. �� Kevin D. Ross
Date of signature: OK/o3/?,O 'w"a."0°
2020-1833
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COULSON EXCAVATING COMPANY, INC., AND CROISSANT FAMILY FARM, LLC
USR20-0008
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0008, is
for Open Mining (sand, gravel and stone) and processing of minerals, with ancillary
operations and equipment, including a hot mix asphalt (HMA) batch plant, recycled asphalt
operations, the exporting of aggregates, mine office with scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and
storage and employee and vendor parking outside of subdivisions and historic townsites,
in 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 from 7:00 a.m. to 7:00 p.m., except in
the case of a declared emergency disaster or in the case of a Colorado Department of
Transportation (CDOT) declaration requiring night construction, 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.
4. The number of on-site employees shall be up to twenty (20).
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 shall maintain compliance with the approved Communication Plan.
9. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR permit.
10. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
11. At the conclusion of the extraction of aggregate resources from the defined mine
boundary, the Hot Mix Plant (Asphalt), Hot Mix Asphalt and Recycled Asphalt operations
shall be removed from the property.
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.
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DEVELOPMENT STANDARDS (USR20-0008) - COULSON EXCAVATING COMPANY, INC.,
AND CROISSANT FAMILY FARM, LLC
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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 shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement. Said agreement may be reviewed on
an annual basis, including a site visit and possible updates.
17. No more than ten percent (10%) of the material processed onsite may be imported from
offsite. The property owner or operator shall keep a record that identifies the amount and
source of all imported material and provide a copy upon request.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. Once the permanent control measure has passed final inspection by the Department of
Public Works, the site shall be routinely inspected at a frequency determined by Public
Works, usually on an annual basis unless otherwise noted, for the life of the control
measure. Inspections occur to ensure the permanent control measure remains fully
operational and is being adequately maintained according to the site's Operation and
Maintenance Plan. Upon sale of the property, the responsibility of maintaining permanent
control measures shall be transferred to the new owner.
21. 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.
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
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 and the accepted Waste Handling Plan.
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 and the
approved Dust Abatement Plan for the site.
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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.
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 study.
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.
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 facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
33. 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.
34. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
35. The operation shall comply with the Mine Safety and Health Act (MSHA).
36. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
37. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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38. 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-1495E, effective date January 20,
2016 (Big Thompson 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.
39. 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.
40. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable.
41. 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.
42. 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, 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.
43. 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.
44. 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.
45. 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.
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46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
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