HomeMy WebLinkAbout20203512 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0030, FOR OPEN MINING (SAND, GRAVEL, STONE, TOPSOIL,
OVERBURDEN AND BORROW MATERIALS) AND PROCESSING OF MINERALS.
ALSO INCLUDED ARE PORTABLE (TEMPORARY) CONCRETE AND ASPHALT
BATCH PLANTS, CONCRETE AND ASPHALT RECYCLING, A MINE OFFICE/SCALE
HOUSE AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE
GENERATORS, MOBILE MINING EQUIPMENT PARKING AND STORAGE,
EMPLOYEE AND VENDOR PARKING, AND MORE THAN TWO (2) CONEX
CONTAINERS FOR STORAGE OF PRODUCTS FOR PLANT OPERATIONS AND
MAINTENANCE IN THE A (AGRICULTURAL) ZONE DISTRICT - CANNON LAND
COMPANY, C/O L.G. EVERIST, INC.
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 9th day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cannon Land Company, 3333 South Wadsworth Boulevard,
Suite D-208, Lakewood, Colorado 80227, c/o L.G. Everist, Inc., 7321 E. 88th Avenue, Suite 200,
Henderson, Colorado 80640for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0030, for Open Mining (sand, gravel, stone, topsoil, overburden and borrow
materials) and processing of minerals. Also included are portable (temporary) concrete and
asphalt batch plants, concrete and asphalt recycling, a mine office/scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and storage,
employee and vendor parking, and more than two (2) conex containers for storage of products
for plant operations and maintenance in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
All east of the railroad, including part of the NE1/4 SE1/4 of Section
7; SW1/4 of Section 8; NW1/4 of Section 17; the SE1/4 and parts
of the SW1/4, NE1/4 and the NW1/4 of Section 18; parts of the
NE1/4 of Section 19; all within Township 2 North, Range 66 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Vice-President
Matt Noteboom and Lynn Shults Regulatory Manager of L.G. Everist, Inc., 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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USE BY SPECIAL REVIEW PERMIT (USR20-0030) - CANNON LAND COMPANY,
C/O L.G. EVERIST, INC.
PAGE 2
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 agricultural lands
associated with the surface estate is underlain with a known viable
aggregate deposit. With the completion of mining, the site will be
reclaimed as production agricultural lands and water storage
reservoirs.
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 South Platte River corridor. The
area located to the west of U.S. Highway 85 is classified as
floodplain and valley-fill deposits being water-deposited gravel,
sand, silt, and clay along present stream courses. Unevaluated
aggregates coarse and fine aggregate resources that were not
evaluated because of inadequate exposures, lack of drill-hole data,
location, access, poor potential, aerial extent, or a prior land use
that excludes the possibility of recovery aggregate and Stream
Terrace deposits being older stream deposits now preserved as
benches flanking present stream courses. Smaller and less distinct
terraces are included with valley fill deposits. Fine Aggregates being
sands including sands ranging from coarse gravelly stream sands
to fine grained wind deposited dune sands, per the Weld County
Sand Gravel Resources map of 1974. The mine site area located
to the east of U.S. Highway 85 is classified as Stream Terrace
deposits being older stream deposits now preserved as benches
flanking present stream courses. Smaller and less distinct terraces
are included with valley fill deposits. Fine Aggregates being sands
including sands ranging from coarse gravelly stream sands to fine
grained wind deposited dune sands and Upland deposits—Mesa or
bench like erosional remnants of ancient stream deposits isolated
above present stream courses. Unevaluated aggregates coarse
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USE BY SPECIAL REVIEW PERMIT (USR20-0030) - CANNON LAND COMPANY,
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and fine aggregate resources that were not evaluated because of
inadequate exposures, lack of drill-hole data, location, access, poor
potential, aerial extent, or ap prior land use that excludes the
possibility of recovery aggregate, per the Weld County Sand Gravel
Resources map of 1974.
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 immediately adjacent to the permit
boundary include the South Platte River corridor to the west; to the
south are agricultural lands with rural residences and the South
Platte River corridor and associated floodway and floodplain.
Bisecting the permit boundary is U.S. Highway 85 and the Union
Pacific Railroad mainline track. To the east are rural residential
development patterns on agricultural lands. North and south of the
east permit area are larger tract agricultural lands.
The City of Fort Lupton in the referral dated October 19, 2020,
states County Road 22 is designated as an arterial east of
U.S. Highway 85. A 110-foot wide right-of-way reservation on the
section line is required. West of U.S. Highway 85 is a potential
future County Road 22 extension. Per the Traffic Impact Study, the
development of Ragsdale Reservoirs Gravel Mine is feasible from
a traffic engineering standpoint. In the short-range future (2024),
given the increase of traffic for Ragsdale Reservoirs and an
increase in background traffic, this level of service is considered to
be normal during the peak hours at Stop sign controlled
intersections along state highways. To address impacts to the area
roads, the Department of Public Works is requiring an
Improvements and Road Maintenance Agreement with up-front
improvements required for the proposed mine site, including the
haul route from the mine entrance as a Condition of Approval to be
accepted by the Board of County Commissioners prior to recording
the USR map. The Colorado Department of Transportation (CDOT)
will require an Access Permit and likely will include upgrades to the
current infrastructure to accommodate the additional truck traffic.
Per the Traffic Impact Study, improvements will be required, in the
short range (2024) and long range (2040) a northbound left-turn
deceleration lane, a southbound right-turn deceleration lane, a
northbound left-turn acceleration lane, and a southbound right-turn
acceleration lane are required.
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The U.S. Highway 85 Access Control Plan (ACP), dated 2017,
developed a strategic vision for U.S. Highway 85 between
Interstate 76 (1-76) and County Road 100 that addressed safety,
mobility and access concerns. The applicant proposes to utilize a
private roadway to access onto U.S. Highway 85 directly west of
the intersection of County Road 20 and U.S. Highway 85 for access
to the west side of the U.S. Highway 85 mine area. At this location,
the ACP recommends a right-in, right-out configuration which would
be in conjunction with a parallel road system between County
Road 18 and County Road 28. The applicant submitted the
complete access design package to CDOT on September 25, 2020.
Per the application materials, CDOT's conditional approval is
expected December 31, 2020, with final CDOT approval expected
in March of 2021 based on the initial comments from CDOT.
Expected improvements at this location identify a right-in and
right-out traffic movement pattern. In the referral from CDOT, dated
October 28, 2020, this agency states, "CDOT agrees with the
conclusions of the Traffic Impact Study. A new Access Permit will
need to be obtained from CDOT. Since this proposal will result in
highway auxiliary lanes, the applicant will need to meet with CDOT
Region 4 on the appropriate documents and process."
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 west of U.S. Highway 85 near the
South Platte River and east of U.S. Highway 85 and the Union
Pacific Railroad mainline track. Aggregate materials within the
proposed permit area are composed of floodplain, stream and
terrace deposits associated with the existing and historic river
corridor drainage system. The gravel deposit thickness ranges from
eight (8) to 52 and greater feet below the ground surface with an
average depth of approximately 40 feet. The depths are more
specifically defined as on the west side of U.S. Highway 85 within
the permit boundary, located west of the Platte Valley Irrigation
Ditch (Phases 1, 2 and 2A), the depth of the aggrege resource is
32 feet with approximately 2.5 feet of topsoil or overburden. Also,
on the west side, east of the Platte Valley Irrigation ditch
(Phases 1A and 3), the depth of the aggrege resource is 55 feet
with approximately three (3)feet of topsoil or overburden. The depth
of the aggregate resource east of U.S. Highway 85 within the permit
boundary, west of the Platteville Irrigation & Milling Ditch (Phases
4, 4B, 5 and 6) is on average 42 feet with approximately 3.5 feet of
topsoil or overburden. Also, on the east side, west of the Platteville
Irrigation & Milling Ditch (Phases 4A and 5A), the depth of the
aggregate resource is 12 feet with approximately four (4) feet of
topsoil or overburden. The aggregate material will be recovered
using equipment typical for sand and gravel mining operations.
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Mining equipment may include, but is not limited to, front-end
loaders, scrapers, excavators, a drag line, dozers, off-road haul
trucks, dump trucks and a water truck. Processing equipment may
include, but is not limited to, conveyors, crushers and screen plants.
A scale and scale house may be built at the mine. During mining
and reclamation activities, watering trucks for dust control will be
used as needed. Since the material is unconsolidated deposits, no
explosives or blasting is required.
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
Ragsdale Reservoir Pit, reclamation will take place concurrently
with mining activities. The current land use on the Cannon Land
Company property is irrigated agriculture lands, non-irrigated lands
and riparian corridor areas. The use of this land from irrigated
agriculture lands and riparian corridor lands will change to water
storage reservoirs and retain the riparian corridor areas for
conveyance of waters associated with the South Platte River. Most
of the land surrounding the proposed permit area has similar uses
of river corridor, gravel mining open space and industrial uses. With
the river corridor being undeveloped land in the surrounding area,
maintaining this land as a river corridor is of vital importance in
helping preserve those qualities that make a river or stream suitable
as a habitat for wildlife, a site for recreation, and a source for
domestic and other water uses. These corridors also allow the free
movement of wildlife from area to area within the region, help
control erosion and river sedimentation, and help absorb
floodwaters consistent with the more regional land uses and for the
continuation of agricultural operations.
B. Section 23-2-230.B.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, stone, topsoil, overburden and borrow
materials) and processing of minerals. Also included are a portable
(temporary) ready-mixed concrete and a hot mix asphalt batch
plants, a mine office/scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and
storage; employee and vendor parking and more than two (2) conex
containers for storage of products for plant operations in the
A (Agricultural) Zone District.
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C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The use is consistent with the
intent of the district in which the site is located. The site's property parcels
are zoned A (Agricultural). The proposed project is a listed as an aggregate
mine, permitted in the A (Agricultural) Zone District as detailed in this Use
by Special Review permit application, and in the Weld County Code. Weld
County Code, Section 23-3-10— Intent, states, in part: "The A (Agricultural)
Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production,
and for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." Zoning in the
area surrounding the site is primarily the A (Agricultural) Zone District. In
addition to agricultural uses, there are multiple special uses within a one
mile, including aggregate mining, oil and gas development and light
industrial uses. The end use, water storage reservoirs is consistent with the
uses in the area surrounding areas.
The adjacent lands within one (1) mile of the property boundary consist of
agricultural uses, aggregate mining, the river corridor, rural residences, oil
and gas operations, commercial and industrial uses many permitted
through a Use by Special Review Permit, including:
1) To the west of the site there are seven (7) USRs: USR-1215 for
aggregate mining; SUP-426 for aggregate mining, USR-1444 for
aggregate mining, USR17-0072 for aggregate mining,
1 MUSR16-11-1774 for a winery and event center, USR13-0035 for
oil and gas support and service and USR-1639 for oil and gas
support and service;
2) To the north there are six (6) USRs: USR17-0072 for aggregate
mining, USR13-0035 for oil and gas support and service,
USR12-0019 for oil and gas support and service, USR-911 for
Tractor and implement sales, USR-1591 for outdoor storage of RVs
and USR-1504 for a private airstrip;
3) To the east there are eight (8) USRs: USR13-0068 for a 2nd SFD;
USR11-0002 for oil and gas support and service, USR13-0027 for
oil and gas support and service, MUSR14-0013 for propane storage
and distribution; USR14-0022 for HP gas pipeline, USR-477 for oil
and gas support and service, USR-1709 for oil and gas support and
service, USR-1394 for aggregate mining, and USR-1758 for oil and
gas support and service;
4) To the south there are nine (9) USRs: 1MJUR16-04-1459 for
vehicle sales and service, MUSR15-0017 for oil and gas support
and service, SUP-469 for oil and gas support and service,
USR-1227 for a vehicle maintenance facility, USR-1215 for
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aggregate mining, USR-828 for a kennel, USR-477 for oil and gas
support and service, USR-1709 for oil and gas support and service,
USR16-0044 for oil and gas support and service, USR-1758 for oil
and gas support and service, USR-986 for oil and gas support and
service and USR-1394 for aggregate mining.
There is one (1) Special Use Permit of record within the permit boundary,
permitted under SUP-281 for a gas processing plant. This facility is no
longer located on the property and as a Condition of Approval, the property
owner will request to vacate this permit.
There are a few houses and structures on the site within the USR and
DRMS boundary, which will be properly demolished or removed prior to
mining operations. The closest residence outside of the USR-DRMS Permit
boundary is about 36 feet south of the permit boundary adjacent to
U.S. Highway 85; the next residence is east of and adjacent to County
Road 22, approximately 35 feet to the permit boundary; the third residence
is 415 feet east of the permit boundary and approximately 1,700 feet south
of County Road 22; the fourth and fifth residences are 500 feet north of the
permit boundary and south of and adjacent to County Road 22; all other
residences are located at a distance of 600 feet of greater from the
proposed mine site.
The Weld County Department of Planning Services sent notice to 27
surrounding property owners. Planning staff received no written
correspondence but did receive a telephone call of inquiry about the
application and the surrounding property owner's ability to have their
opinion heard. Planning staff indicated that written correspondence may be
submitted up to and during the Planning Commissioners hearing and will
be inventoried as a part of the official record for the case. The applicant
has been in contact with the surrounding property owners and conducted
face-to-face contacts with adjacent property owners through the State
permitting process and continues to meet with area residents. The
Conditions of Approval require that the applicant submit an accepted
Emergency Action and Safety Plan, an accepted Improvements Agreement
(for roads and traffic), an accepted CDOT Access Permit, and an accepted
Flood Hazard Development Permit. The Noise Abatement Plan and Dust
Abatement Plan have been submitted and reviewed. 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
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municipalities. The site is located within a three (3) mile referral area of the
City of Fort Lupton and Town of Platteville, and is it located within the
existing Intergovernmental Agreement Area / Coordinated Planning Area
for each municipality.
The City of Fort Lupton 2018 Comprehensive Plan Future Land Use map
identifies lands west of U.S. Highway 85 as being outside, yet adjacent to,
the existing Corporate Limits in an area defined as the Mineral Zone. The
Fort Lupton Comprehensive Plan states, in part: "This designation consists
of areas along the South Platte River which include significant mineral
resources. Per state law, surface development is prohibited within these
areas until resources have been appropriately extracted. As a result, this
area allows for industrial and agricultural uses to support resource
extraction. Much of this area is contained within either the floodway or
floodplain of the South Platte River, and should be prioritized for
preservation. As resource extraction operations come offline, the City
should convert these areas to parks and open spaces." Lands east of
U.S. Highway 85 are within the Future Fort Lupton Planning Area and
defined as Agricultural and Rural Residential. The Fort Lupton
Comprehensive Plan states, in part: "This designation allows for
agricultural and related uses, as well as low density residential on the
periphery of the planning area, intended to preserve a generally rural
character. This also includes a variety of miscellaneous uses, such as
isolated industrial businesses and semi-rural properties located under
Estate Zoning. Given the availability of viable land for development in more
appropriate districts, commercial or residential investment within
agricultural areas should be discouraged. This will help limit unnecessary
loss of agricultural lands and reduce the potential of suburban sprawl."
The Town of Platteville 2017 Comprehensive Plan Future Land Use Map
identifies lands east of U.S. Highway 85 as within their Planning Area 4 —
Environmental Constrained. Planning Area 4 is comprised of the
designated 100-year floodplain for the South Platte and St. Vrain rivers,
and land east of the Platteville Canal/Ditch that is topographically
constrained. ". . . the majority of the Environmental Constrained area is
rural in character, with limited services and no planned extension of
municipal infrastructure. These planning areas represent significant value
to current and future residents in terms of open space, trail systems,
passive recreation, flood control, water quality and water supply." The
Town's Three (3)-Mile Plan identifies this area as within "The
Agricultural/Holding land use classification is intended to encourage the
sustainability of the regional agricultural and energy economy, discourage
leapfrog development and ensure that land develops in a systematic and
cost conscious manner. Non-agricultural or non-energy uses and densities
for this land will be re-examined, if and when, urban levels of service can
serve the land designated as Agricultural/ Holding. Prior to annexation, the
concept is to allow one dwelling unit per existing parcel."
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Per the application materials, the applicant is proposing to mine the
property retaining the river corridor for the preservation of vegetation
growing near the river, maintain wildlife habitats and wildlife migration
corridors and will enhance water quality by filtering sediment from runoff;
protect the existing river banks from erosion and provide storage of water
during flood events. The reclamation plan approved by the Division of
Reclamation, Mining and Safety will result in several water storage
reservoirs onsite and limited agrarian uses. The City of Fort Lupton and the
Town of Platteville were provided with the Notice of Inquiry form by
electronic mail on April 16, 2020. The City of Fort Lupton expressed interest
in having discussion with the primary property owner, Cannon Land
Company. Discussions were held on June 18, 2020, between the miner,
the property owner and the City and on June 22, 2020, the landowner,
Cannon Land Company, declined to have the properties annexed into the
City. The Town of Platteville did not return the Notice of Inquiry form to the
County.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Greeley-Weld County Airport, Geologic Hazard Overlay District or MS4 -
Municipal Separate Storm Sewer System Overlay District area. The project
site is within a Special Flood Hazard Area according to the Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM)
Community Panel No. 08123C-1915F, revised September 17, 2020.
Portions of the project site lie within Zone AE, which is within the 100-year
floodplain. All structures will be anchored to protect against flooding and all
electrical components will be installed a minimum of 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
Program, 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 471.69 acres of Prime (Irrigated)
Farmlands of National Importance, 11.32 acres of Irrigated Land (Not
Prime) and 160.29 acres of Other Land, per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. Colorado Revised
Statutes provides for the extraction of mineable resources prior to and
surface development. Depending on market demand, six (6) to eight (8)
water reservoirs will be created with up to 129 acres reclaimed for
agricultural production. As stated, the properties of the site contain some
"Important Farmlands of Weld County" — irrigated and non-irritated.
However, the property also contains a commercial mineral deposit, which
state statutes say must be protected from development. The Weld County
Comprehensive Plan also protects these lands from uses interfering with
extraction of sand and gravel. Mineral extraction will provide economic
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revenues for Weld County from the land and will not interfere with the
agricultural productivity of surrounding properties.
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 Cannon Land Company, do L.G. Everist, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR20-0030, for Open Mining
(sand, gravel, stone, topsoil, overburden and borrow materials) and processing of minerals. Also
included are portable (temporary) concrete and asphalt batch plants, concrete and asphalt
recycling, a mine office/scale house and scale, a fueling/lubricating station, portable generators,
mobile mining equipment parking and storage, employee and vendor parking, and more than two
(2) conex containers for storage of products for plant operations and maintenance in the
A (Agricultural) Zone District, 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 attempt to address the concerns of the Platte Valley
Irrigation Company, as stated in the referral response dated October 28, 2020.
Written evidence of such shall be submitted to the Weld County Department of
Planning Services.
B. The applicant shall attempt to address the requirements of United Power, as
stated in the referral response dated October 30, 2020. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the
Platteville-Gilcrest Fire Protection District, as stated in the referral response
dated October 6, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. A Communication Plan shall be submitted to, and approved by, the Department
of Planning Services.
E. A Decommissioning Plan shall be submitted to, and approved by, the
Department of Planning Services.
F. 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.
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G. The property owner, Cannon Land Company, shall submit a written request to
vacate SUP-281, recorded March 1, 1976, via reception number 1682420, as
the gas plant is no longer operational onsite.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0030.
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 on-site lighting for night-time operations, if
applicable, in accordance with the approved Lighting 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.
8) The applicant shall show and label the Union Pacific railroad right-of-
way. The applicant should contact the UPRR for right-of-way widths
and additional requirements.
9) The applicant shall show and label the existing and future right-of-way
for U.S. Highway 85.
10) County Road 22 is a paved road and is designated on the Weld County
Functional Classification Map as an arterial road, which requires 140
feet of right-of-way at full buildout. The applicant shall delineate and
label 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 location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location prior to construction.
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12) The applicant shall show the approved CDOT access on the site plan
and label with the approved Access Permit number, if applicable.
13) The applicant shall show and label the approved tracking control on the
site plan.
14) 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.
15) If applicable, show and label a 30-foot minimum access and utility
easement to provide legal access to the parcel on the site plan.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
18) The applicant shall show and label the easement or rights-of-way for
the Platteville Ditch.
19) The applicant shall show and label the easement or rights-of-way for
the Platte Valley Irrigation Company.
20) 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.
21) Setback radiuses for existing oil and gas tank batteries and wellheads
shall be indicated on the map, per the setback requirements of Section
23-3-50.E of the Weld County Code.
22) The applicant shall show the modified boundaries of the LOT(S) being
considered for inclusion in the permit boundary for the Use by Special
Review Permit (USR20-0030) as reflected in the Platte Valley Irrigation
Company letter dated December 7, 2020.
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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 access and tracking control shall be constructed prior to
on-site construction.
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.
C. Any construction in the floodplain requires a Floodplain Permit.
D. A Final Traffic Impact Analysis for County Road 22 is required on the east
side of U.S. Highway 85.
E. The applicant must obtain an Access Permit on County Road 22 in the
approved location on the east side of U.S. Highway 85.
F. The applicant should adhere to the U.S. Highway 85 Access Management
Plan and improvements for the safe access onto U.S. Highway 85 need to
be made.
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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B. The applicant shall address the requirements of CDOT specific to a new
access permit, as stated in the referral response dated October 28, 2020.
All of the acceleration and deceleration lanes shall be constructed. Written
evidence of such shall be submitted to the Weld County 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. Mining activity shall not occur 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 9th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � . to•,,r. —`.—
Mike Freeman, Chair
Weld County Clerk to the Board 1
/97
• Steve oreno, Pro-Tem
BY:
Deputy Clerk to the Board ;�, ,,�
EL��` sc . James
APP' s� ED AS T� OR •
not (( � �, . :arbara Kirk eyer
aunty A orney
Ou Kevin D. Ross
Date of signature: • o- 2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CANNON LAND COMPANY,
C/O L.G. EVERIST, INC.
USR20-0030
1. The Site Specific Development Plan and Use by Special Review, USR20-0030, is for
Open Mining (sand, gravel, stone, topsoil, overburden and borrow materials) and
processing of minerals. Also included are portable (temporary) concrete and asphalt batch
plants, concrete and asphalt recycling, a mine office/scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and
storage, employee and vendor parking, and more than two (2) conex containers for
storage of products for plant operations and maintenance in the A (Agricultural) Zone
District, 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 permitted operations shall be conducted during the hours of daylight except in the case
of a declared emergency disaster by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night
operations," when they take place between the hours of one hour after sundown to one
hour before sunrise. Depending on the request of the jurisdiction, night operations could
occur seven days per week. When the operator 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 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 property owner shall maintain compliance with the approved Communication Plan.
8. The property owner shall maintain compliance with the approved Decommissioning 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.
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11. 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.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
13. The applicant shall adhere to the U.S. Highway 85 Access Control Plan.
14. There shall be no parking, staging, or stacking 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 for County Road 22.
17. The Improvements and 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 runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. Prior to construction, the eastern portion of this site shall install double cattle guards and
100 feet of asphalt or 300 feet of asphalt.
21. Weld County will not replace overlapping easements located within existing right-of-way
or pay to relocate existing utilities within the County right-of-way.
22. The applicant has proposed that the mining area east of U.S. Highway 85 access onto
County Road 22 approximately 2,340 feet east of the intersection of County Road 22 and
U.S. Highway 85. The applicant shall obtain an access permit onto County Road 22 for a
location west of the Platteville Ditch that meets the Minimum Spacing Criteria.
23. 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.
24. 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
25. 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.
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26. 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.
27. The operation shall submit an Air Pollution Emission Notice (APEN) 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.
28. 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.
29. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from
the facility area in a manner that prevents nuisance conditions.
30. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
31. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-Site Wastewater Treatment System Systems.
32. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and shall be screened from residences within
0.5 miles of the facility and high-volume roads in consultation with the Department of
Public Works.
33. 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.
34. 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.
35. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
36. 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.
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37. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
38. The operation shall comply with the Mine Safety and Health Act (MSHA).
39. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
40. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
41. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C-1915F, effective date
September 17, 2020 (South Platte River Floodplain). Any development shall comply with
all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials.
42. 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.
43. Should human remains be discovered during mining activities, the requirements under
State Law C.R.S. Part 13 apply and must be followed.
44. Lighting shall be maintained in accordance with the accepted Lighting Plan, as applicable.
45. 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.
46. 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.
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47. As applicable, if any Single-Family Dwelling is utilized as commercial offices, the use will
require a building permit for a change of use from Single-Family Dwelling to Commercial
Offices and shall include a complete code analysis prepared by a registered design
professional is required and shall be submitted with All Commercial Building Permit
applications to Weld County. A Floor Plan shall be submitted showing room dimensions,
uses, along with details showing compliance with Accessibility requirements and currently
adopted building codes.
48. 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.
49. 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.
50. 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.
51. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
52. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
53. 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;
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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.
54. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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