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Home My WebLink About20201285.tiff EXHIBIT g BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION ' ' � , Woo RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: 2MJUSR19-08-1660 APPLICANT: GLOBAL ASSET RECOVERY LLC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT NO. USR-1660 (FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING - SANDS. GRAVELS AND STONES AND MATERIALS PROCESSING) STOCKPILING, RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE) AND THE IMPORTATION OF SOIL AMENDMENTS (TOPSOIL, PEATS AND COMPOST) IN THE A (AGRICULTURAL ZONE DISTRICT LEGAL DESCRIPTION: LOT B RECX16-0165 AND LOT B RE-1638; BOTH BEING PART OF THE NE4 SECTION 4, T5N , R65W OF THE 6TH P. M. . WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO N. BALSAM AVENUE; SOUTH OF AND ADJACENT TO CR 62: WEST OF AND ADJACENT TO NORTH CHERRY AVENUE. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.A. CM. Goal 1 states "Conserve lands which contain commercial mineral deposits ("aggregate") for potential future use in accordance with state law." This site contains a valuable commercial deposit of sand and gravel located in the alluvium of the South Platte River which is available for extraction. Section 22-5-80B CM.Goal 2 states "Promote the reasonable and orderly exploration and development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1 , 1975, the property is classified as T-4 (Stream-Terrace Deposits — unevaluated coarse and fine aggregates: relatively clean and sound). The application materials indicated that this property has 3-11 feet of overburden and that extraction activities will remove aggregate to an average mean depth of 90-feet from the natural grade of the surface. 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 the general construction and highway construction industries. After the extraction of materials, the majority of these sites yield much-needed water storage and recreation possibilities. 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. In some instances, sites containing significant quantities of mineral deposits are located in areas characterized by other existing or potential land uses and natural resources. Because the uncontrolled operation of a mine site has the potential for adversely affecting surrounding land uses, roads, residents and the environment, specialized review and regulation is appropriate. The applicant will utilize an internal access road and a conveyor to transport the mineral resource to the materials processing area. All traffic to and from the site will use North Balsam Avenue and RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 2 Eighth Street. There will be one entrance to the Broken Arrow Mine. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." This amendment to an existing mineral resource development proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area due to the construction of this facility. The applicant proposes to utilize a water truck for dust suppression and abatement and will cease operations during high wind events. The applicant also has a State of Colorado Division of Reclamation Mining Safety Permit number M2008-017 for Broken Arrow Investments, LLC, conditionally approved on June 18, 2018. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facilities including Open Pit Mining and Materials Processing(sand,gravel and stone),and Section 23-3-40.W uses similar to the uses listed as an Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis as a Use by Special Review, importation of soil amendments (topsoil, peats and compost) as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A(Agricultural)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding land uses include irrigated and non-irrigated agriculture lands,rural residences, oil and gas encumbrances and pipeline corridors. The proposed permit area consists of one vacant rural residence, oil and gas encumbrances, pipeline corridors and not-in-production agricultural lands. In general, the surrounding property is primarily irrigated and non-irrigated agricultural lands with rural residences, primarily to the southwest, north and east. There is an adjacent mine to the west, USR-690 currently being reclaimed. Lands to the south of the mine are within the City of Greeley's Corporate Limits. The site is bounded by N. Balsam Avenue to the west;County Road 62 to the north; N.Cherry Avenue to the east. Planning Staff believes that,with the endorsement of the Conditions of Approval, contained in this recommendation,the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. Sand and gravel operations are located in areas similar to this along the South Platte River corridor as evidenced by other mines being in proximity to this site. There are twenty-one (21)property owners within 500-feet of this proposed facility. Planning staff received seven (7) letters from surrounding property owners located to the southwest, north and east of the proposed mine,two affidavits of personal knowledge,one office visit and two telephone calls stating concerns about the effect of the slurry wall on the farms' irrigation wells, dust, silica in the air, traffic, noise and loss of property value. The applicant is required via their DRMS Permit to submit historic water levels across the property and to provide quarterly updates on water levels throughout mining and reclamation activities. The applicant is also required to mitigate the effects of the mining and processing activities on the property. It is the opinion of the Department of Planning Services that the Development Standards will address the concerns raised by the surrounding property owners. RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 3 D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities. The City of Greeley,City of Garden City and City of Evans and the Town of Kersey are within the three-mile referral area of the project site. The City of Greeley in their referral dated July 17,2019 provided several advisory comments including "The subject property is located within the City of Greeley Long Range Expected Growth Area (LREGA). If in the future,water and sanitary sewer service are requested to serve the property,then annexation into the City of Greeley will be required prior to the City of Greeley providing utility service. The City of Greeley does not currently provide utility services to the subject property." Further, it appears that the access to this site will be from a Weld County managed and maintained road,therefore an access permit would not be required at this time from the City of Greeley. If in the near future, traffic increases substantially from this site or other adjacent properties, the City of Greeley is requesting a meeting with Weld County Public Works to discuss potential improvements and/or maintenance cost agreements to address the impacts to both jurisdiction's roadway systems/networks in this area. As a condition of approval, a Road Maintenance Agreement may be required for off-site improvements including, but not limited to dust control, damage repair, specified haul routes and future traffic triggers for improvements. The Town of Garden City in their referral dated July 2, 2019, had no concerns and the Towns of Evans and Kersey did not provide a referral response. E. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County Code. The property is not located within the MS4 or geologic hazard overlay district;but is located within the FEMA regulatory floodway and floodplain and the Airport Overlay District and Airport Critical Flight Zone. Building Permits issued will be required to adhere to the fee structure of the County-wide Road Impact; the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. According to the"Important Farmlands of Weld County Colorado" map prepared by the USDA- Soil Conservation Service and Colorado State University Experiment Station,the site is located on 70.93 acres of"Prime(Irrigated)and 18.64 acres of"Irrigated Land(Not Prime)"and approximately 52 acres of"Other Land"categories of Important Farmlands of Weld County lands. The land is historically has been utilized as an active mine and processing area and a rural residence on production agricultural land utilized for irrigated agricultural crops. There are oil and gas encumbrances located on the property. Presently there is no irrigation water on the property. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health,safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. This recommendation is based,in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 4 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. An Improvements and Road Maintenance Agreement with triggers for off-site improvements is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. The applicant shall complete all outstanding Improvements Agreement requirements for MUSR16-85- 690. C. If applicable,the applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The applicant shall develop and submit a Communication Plan for the purpose of providing notice to surrounding property owner of the activities occurring on the property for review and acceptance by the Department of Planning Services. (Department of Planning Services) E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled 2MJUSR19-08-1660. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Balsam Avenue is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way)and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23,Article III, Section 23-3-50,the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 5. County Road 43 (Cherry Avenue) is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a collector road,which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code,Chapter 23,Article III,Section 23-3-50,the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 6. County Road 62 (E. C Street)is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a local road,which requires 60 feet of right-of- way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23,Article III,Section 23-3-50,the required setback is measured from the future right-of-way line. This road is maintained by Weld County.(Department RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 5 of Public Works) 7. Show and label the approved tracking control on the site plan. (Department of Public Works) 8. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle(including trailers)using the access can completely clear the traveled way when the gate is closed. In no event,shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 9. Show and label a minimum 30-foot wide access and utility easement needed to provide legal access to the parcel on the site plan if applicable. (Department of Public Works) 10. Show and label the drainage flow arrows. (Department of Public Works) 11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 12. Should exterior lighting be a part of this facility, all light standards shall be shown on the USR Map shall adhere to Chapter 23, Article IX, Section 23-9-40 of the Weld County Code. (Department of Planning Services) 13. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 14. Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services— Floodplain) 15. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of Planning Services) 16. If exterior lighting is proposed the operator should consider to incorporate the dark sky policy,the applicant shall submit a Lighting Plan with cut-sheets for the proposed light standards to be utilized at the mine for review and approval. (Department of Planning Services) 17. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 2. Prior to Mining: A. If more than one (1) acre is to be disturbed for construction of non-gravel pit items, a Weld County grading permit will be required. (Department of Public Works) B. The approved tracking control shall be constructed prior to on-site construction.(Department of Public Works) C. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator,the Fire District and the Weld County Office of Emergency Management.Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) D. The applicant shall submit written evidence that the Financial and Performance warranty has been submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning Services) RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 6 3. The Special Review activity shall not occur nor shall any building permits be issued on the property until the Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 4. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Map prior to recording. The completed map shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred twenty (120) days of approval by the Board of County Commissioners. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the map not be recorded within the required one hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3- month period. (Department of Planning Services) Motion seconded by Michael Wailes. VOTE: For Passage Against Passage Absent Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 20, 2019. Dated the 201h of August, 2019 Kristine Ranslem Secretary RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Global Asset Recovery LLC c/o Broken Arrow Investments, LLC 2MJUSR19-08-1660 1. A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1660 for Mineral Resource Development Facilities including open pit mining — sands, gravels and stones and materials processing; stockpiling,recycling and processing of demolition material(asphalt and concrete) and the importation of soil amendments (topsoil, peats and compost) in the A(Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions,blowing debris,and other potential nuisance conditions.The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. The applicant shall operate in accordance with the accepted Waste Handling Plan. (Department of Public Health and Environment) 6. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations.The applicant shall operate in accordance with the accepted Dust Abatement Plan. (Department of Public Health and Environment) 7. The operation shall submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted Noise Control Plan. (Department of Public Health and Environment) 9. The operation shall remove,handle, and stockpile overburden, soil,sand and gravel from the facility area in a manner that prevents nuisance conditions. (Department of Public Health and Environment) 10. Any On-site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Public Health and Environment) 11. Adequate drinking,hand washing, and toilet facilities shall be provided for employees and the public,at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers and be screened from existing adjacent residential properties and public rights-of-way. (Department of Public Health and Environment) 12. The operation shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health and Environment) RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 8 13. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 14. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 15. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 16. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit,and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 17. All chemicals must be handled in a safe manner in accordance with product labeling.All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment(CDPH&E),Water Quality Control Division, as applicable. (Department of Public Health and Environment) 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. The property owner or operator shall be responsible for controlling noxious weeds on the site,pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 21. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. (Department of Public Works) 22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 23. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) 24. The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. (Department of Public Works) 25. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 28. 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#s 08123C-1541 E dated January 20, 2016 (Cache la Poudre 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 by not limited to buildings or other structures, mining, dredging, filling, grading, paving, RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 9 excavation,drilling operations,or storage of equipment and materials..(Department of Planning Services- Floodplain) 29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services- Floodplain) 30. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 31. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners.This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 32. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved, maintained,and supplemented,if necessary,for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 33. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined by Weld County staff require an amendment to this USR Permit. (Department of Planning Services) 34. Buildings,equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County:2012 International Codes, 2006 International Energy Code, 2017 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 35. Building Permits issued on the parcel(s)will be required to adhere to the fee structure of the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program. (Department of Planning Services) 36. The number of employees associated with the daily operations of mining and processing operations is limited to 10 persons per shift. (Department of Planning Services) 37. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 38. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency,or to make necessary repairs to equipment.This restriction shall not apply to operation of administrative and executive office or to repair facilities located on the property. (Department of Planning Services) 39. 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. (Department of Planning Services) 40. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 41. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 10 42. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 43. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 44. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) 45. The 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. 46. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) 47. The property owner or operator shall be responsible for complying with all of 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. (Department of Planning Services) 48. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c)such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times,mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 49. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on RESOLUTION 2MJUSRI9-08-1660 GLOBAL ASSET RECOVERY LLC PAGE 11 rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be,the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses,including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. EXHIBIT Pc. KAinu -S 2 T3 8J2_0 I ii G SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Z.fra5g. q_Ob_ ib(o0 Tuesday, August 20, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Michael Wailes, at 12: 30 pm. Roll Call. Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland. Absent: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader. and Tom Parko, Department of Planning Services: Lauren Light, Department of Health ; Evan Pinkham , Hayley Balzano, Zackery Roberson and Mike McRoberts, Public Works; Bruce Barker and Karin McDougal, County Attorney, and Kris Ranslem, Secretary. (Bruce Johnson entered the hearing at 12: 58 pm) CASE NUMBER: 2MJUSR19-08-1660 APPLICANT: GLOBAL ASSET RECOVERY LLC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT NO. USR-1660 (FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING - SANDS, GRAVELS AND STONES AND MATERIALS PROCESSING) STOCKPILING, RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE) AND THE IMPORTATION OF SOIL AMENDMENTS (TOPSOIL, PEATS AND COMPOST) IN THE A (AGRICULTURAL ZONE DISTRICT LEGAL DESCRIPTION: LOT B RECX16-0165 AND LOT B RE-1638: BOTH BEING PART OF THE NE4 SECTION 4, T5N, R65W OF THE 6TH P.M. , WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO N. BALSAM AVENUE; SOUTH OF AND ADJACENT TO CR 62: WEST OF AND ADJACENT TO NORTH CHERRY AVENUE. Kim Ogle. Planning Services. presented Case 2MJUSR19-08-1660, reading the recommendation and comments into the record . Mr. Ogle noted that eight (8) letters from surrounding property owners, two affidavits of personal knowledge, one office visit and two telephone calls were received regarding concerns about the effect of the slurry wall on the farms' irrigation wells, dust, silica in the air, traffic, noise and loss of property value. Mr. Ogle stated that there will be seven (7) phases of mining and reclamation will progress concurrently with the mining activity as each phase is completed . The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Commissioner Johnson asked why they wouldn't access County Road 43 (Cherry Avenue) since it is paved. Mr. McRoberts said Public Works prefers that they access on the lower classified road because of safety and congestion. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on-site dust control. and the Waste Handling Plan. Commissioner Cope stated that he knows the applicant, however, he feels he can review this case with unbiased opinion. 1 JC York,J&T Consulting, 305 Denver Avenue, Ft. Lupton, Colorado, stated that they did have a community meeting on August 2, 2019 as well as meetings with the surrounding property owners. There is a current DRMS permit with mining about 75 acres; however, the total USR Permit boundary is 145 acres. Mining is occurring in the original permit area and the amendment area would start in Phase 5A. For dust control, they will water with water trucks and added that the haul roads that are interior that come from the entrance to the stockpiles and to the scale house will be treated with mag chloride. The haul route will be Balsam Avenue to 81h Street then to Highway 85 if going west or continue east on 8th Street. At the community meeting, they talked to residents about noise and visibility. As a result, they proposed a berm on the northeastern portion of the property. Additionally,from the right-of-way to the mining limit there is a 200-foot buffer around the perimeter of the property to help mitigate those issues. Jeff Kwolkoski, Wave Engineering, 1100 West Littleton Boulevard, Littleton, Colorado said that they performed a noise study of the mining operation, including the processing area. He said that they use a computer program to predict sound levels as they transfer from different pieces of equipment and the outdoors. He added that the program takes into account the topography of the land, berms or barriers and wind direction. Mr. Kwolkoski said that the study shows that the noise will be within the 55 dba limit during the day. After additional berms were shown, the noise was reduced to within the residential limit. Mr. York said that there have been monitor wells installed along the perimeter of the original permit area as well as three(3)additional wells in the north area last week. The south area being mined is currently being dewatered as they are going down. The water that is being dewatered is being pumped into some ponds to the south of the south area and used for recharge. The slurry wall proposed for the original permit area is slated to go in sometime in 2020. The north area, as part of the DRMS Permit, requires a slurry wall to go in before they expose groundwater. Commissioner Cope asked what the depth to the mineable sand and gravel is. Mr. York replied that it is 0 to 90 feet. Commissioner Johnson asked what the timeframe is to take excavate that area. Mr. York said that they anticipate 15 to 18 years. Commissioner Beck asked what the end use will be. Mr. York said that it will be reclaimed water storage reservoir. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Joe Parker, 211 North Balsam Avenue, Greeley, Colorado, said that the Parker family opposes any and all mining operations as they live across from the mines to the south and to the east. He added that they are concerned with the air pollution and noise pollution. The Chair asked what some things the operators could do to mitigate these problems. Mr. Parker said that they are in contact with them and added that whatever they ask for they have granted. He said that they have asked that no berms be placed to obstruct their view and added that their well currently is functioning and they have asked the applicants to make sure that their wells continue to function. Mel Bickling, 6690 Lakota Court, Johnstown, Colorado, stated that he is representing the Koehler family who live across the street. He provided a handout of mitigation items for traffic, noise, dust and light that they would like to see. In the material, he included the distance of existing wells from the existing and proposed mining operations. He added that they are concerned that the mining will have a negative impact on the irrigation wells. Additionally, they are asking for a third monitoring well, the slurry wall shall be installed immediately, and screening. 2 Commissioner Holland asked if he has sought legal advice relative to the impact to the water wells caused by this operation. Mr. Bickling said that they have a letter from a water engineer included in the file. Mr. Holland suggested that it be entered in the record. Rocky Francis, 701 Balsam Avenue, Greeley, Colorado, stated that Division I Water Court gave them a well permit that he objected to because he has a well within 600 foot of the mining operation and it has been affected by the Derr Pit and the Loloff Pit and nothing was done to mitigate that. He added that the Loloff Pit affected his irrigation well, domestic well and stockwater well. He expressed great concern on the impact of his wells and added that he can't grow any alfalfa because he can't irrigate. Diana Taylor, 665 Balsam Avenue, Greeley, Colorado said she has lived there since 1972. She said that they haven't had a well for almost 15 years. She added that she has asthma and there are trucks that continually travel by her house and is concerned by the dust. Brian Murata,29485 CR 43, said that he is surrounded by the pit. He has a domestic well that is intermittent. It appears to him that they have already been mining where they are trying to get the permit. He asked for clarification of the reservoirs on the property. Commissioner Ford asked how deep his domestic well is. Mr. Murata said that he doesn't know but will be checking it. Commissioner Johnson asked if the water well has changed over the last 10 years. Mr. Murata said that it has changed in the last 3 to 4 years and has gone down. He added that the well is only used for landscaping around his home but has water from North Weld County Water District for potable water. Mr.York said that the mine will be mined down in a 3 to 1 slope and the depths to the bedrock are anywhere from 90 to 50 feet on the original permit area. He added that on the terrace area it will be greater than 100 feet. Since groundwater level is 40-feet they will install a slurry wall as a requirement from the DRMS permit before exposing any groundwater so there will be no dewatering in that area that could affect these wells to the north. Commissioner Cope asked why there is a delay in the slurry wall in the south area. Mr. York said that they just got the Loloff Pit done so before they put the slurry wall in, they had to bond for that slurry wall so financially it is harder for them to do. Commissioner Holland asked if there has been an adequate hydrogeologic study done prior to this point in time. Mr. York said that a groundwater water modeling done for the Loloff Pit to show what the mounding and shadow effects could be when the slurry wall was put in. Commissioner Holland asked if our staff has received that. Mr. York said it was submitted to DRMS staff but not planning staff. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case 2MJUSR19-08-1660 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Skip Holland, Seconded by Richard Beck. Commissioner Holland said that these operations in the past have caused significant damage to the water wells and private property owners in this area and it appears that there is a minimal attempt to produce a plan that would protect the water wells still in operation. Commissioner Beck said that the applicants are willing to do their mining and get their business going,which is understandable, but he doesn't believe they have done anything substantial that has actually solved a problem in terms of mitigating the problems of surrounding wells. Commissioner Johnson agreed and disagreed and added that the damage that is occurring is outside of their activity in which they can't be responsible for. He suggested that any further mining, until both slurry walls would be installed, should cease. Commissioner Stille said that to a certain extent they have the cart ahead of the horse, however at the same time they are trying to mitigate and help Mr. Francis and Mr. Murata with their wells. 3 Mr. Holland cited Section 23-2-220.A.6 and Section 23-2-220.A.7 and said that if the applicant had some sort of a plan that demonstrated a due diligence he probably could have supported this, however, there appears to be no such plan. The Chair called for the vote. Vote: Motion failed (summary: Yes = 4, No = 4, Abstain = 0). Yes: Elijah Hatch, Lonnie Ford, Richard Beck, Skip Holland. No: Bruce Johnson, Gene Stille, Michael Wailes, Tom Cope. Commissioner Cope said that he feels the applicants are following the recommendations of the County and the criteria is being met. He added that a lot of the damage that has occurred been inherited from previous mining and the applicant's practices will resolve that. Commissioner Stille agreed with Commissioner Cope. Commissioner Wailes said that the applicant and Staff have shown that they have met the standards in Section 23-2-220.A. He also agreed with the comments from Commissioners Cope and Johnson that if the issues weren't inherited then they are outside of the control of the applicant. Motion: Forward Case 2MJUSR19-08-1660 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded by Michael Wailes. Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0). Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Tom Cope. No: Elijah Hatch, Richard Beck, Skip Holland. Commissioner Beck said that because this applicant has inherited some of these problems, they are still problems for the landowners and the neighbors with the wells. He said that inheritance in this case is no excuse. Commissioner Ford said that they should not do any excavation below the water level before the slurry walls are installed. Meeting adjourned at 6:08 pm. Respectfully submitted, 46\jekint-,gym. Kristine Ranslem Secretary 4 r ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip tac 510:45vettedk1/4a l i es ,.. -fra loi, 1�+' ' v id, f kW J" C CA Vin Mart ellriSillio raw. 1/4367,00 - - A telt an 4. Z A , (Asa s eze# P.s; She EC- 6 ir ,.;. atei _ C4 * c 44e, ailts k...-fesi voLAst a sh it, Aikaiwit • A A is-s 1.,A t• . lg. 1 Eirreararala 4 - 4S- rib.°P a Orarainfaar St .L e 4 4) C LE• - ph ,si ere a iii _ A . d- scam.. An nAst tv f De satb. /(2-0—,03163 , I, 4 deciAmn Si ta, iiiiv l'irr . 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A d ell a Pal ICI a S a l ' ii t � # •A1 •' u . * + i. •- T ,rte{ ` Sit kill S ! - 1 * u.s. yi {t g 4 AZ rag ii affenife, IIMMIMMIN ine 1 r1 IS, L, c eC a of ' ilk / adeAseasallalli 1 (Li4 01 rt i r ts ft : pe }_, La _oe ; : 06 / a a i , 5 ik _ ,...or - _ .. ...ittiria•ea brink k O1 - aeon e v 1 btir�+' a. O • I R ;IN 7 ' (. 1 C t WI if.di .fciNv _ _ 4 AfA.J S. 7 h/ is if i • S.. A L 1 a mi. At 447 1111 14 , i ' &di, si 1 5• I - 4. e is 051 ,� ► AnEN DANCE RECORD NAM - I L SE PRI T LE IBL ' ADDRESS EMAIL John Doe 123 Nowhere Street, City, Stater Zip Hello