HomeMy WebLinkAbout20203319.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0020, FOR OPEN MINING AND PROCESSING OF MINERALS (SAND
MINING AND PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of
November, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Colorado Sand Company, LLC, 2001 Kirby Drive, Suite 360, Houston,
Texas 77019, for the land owned by Guttersen Ranches, 3050 67th West Avenue, Suite 100,
Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0020, for Open Mining and Processing of Minerals (sand mining and processing
plant) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
All of Sections 5, 6, and 7, Township 2 North, Range
63 West, and Section 1, together with the N1/2 and
a portion of the S1/2 of Section 12, Township 2
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by David Patterson, Colorado
Sand Company, LLC, 2001 Kirby Drive, Houston, Texas 77019, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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
CC:PLCMV1/4 ATP) Pt (rAK/ 0A) , f.*(c t,) 2020-3319
Gi�-� t_ �� APR- PL2770
CC
IJ/LAisa2a
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 2
agricultural operations." Weld County recognizes that mineral
resource extraction is an essential industry and supports the
regional economy. The availability and reduced cost of local frac
sand will have a positive effect on the successfulness of oil and gas
operations in Weld County and insulates the industry in the event
that interstate supply chains are interrupted. The rangeland
associated with the surface estate is underlain with a known viable
sand deposit. Future development of these lands would be
precluded until the mineral resource has been extracted. With the
completion of mining, the site will be reclaimed as rangeland as part
of the Guttersen Ranch. No productive agricultural lands or
operations will be impacted by the mine.
2) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources." According to the
Weld County Sand and Gravel Resources map dated July 1, 1975,
the property is classified as Wind-Deposited Eolian sand dunes that
may contain fine-grained sand aggregates. This area has been
previously identified to contain the desired material and supports
the orderly development of mineral resources.
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 has the
potential to impact the adjacent land uses, roads, and highways.
However, the rural nature of the area and existing surrounding
industrial uses make the proposed mining operation and
reclamation plan compatible with the surrounding area. The
Department of Public Works is requiring an Improvements and
Road Maintenance Agreement for road maintenance and future
improvement triggers. The agreement will detail dust control and
damage repair to specified haul routes along County-maintained
County Road 59.Additionally, the haul route uses County and Town
roads for a brief period before dispersing on Interstate-76.
4) Section 22-5-80.D.1 (CM.Policy 4.1) states: "Require all mining
operations conform to federal, state and local safety standards."
The Colorado Mined Land Reclamation Board approved the
Construction Materials Regular Operation Mine 112c Application for
this proposed mine (file number M-2019-058) on June 12, 2020.
Financial warranty of$4,921,881.00 has been set for this operation
and must be submitted prior to issuance of the permit and
commencement of mining.
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, reclamation will take
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 3
• place concurrently with mining activities throughout the life of the
mine, wherein salvageable growth medium will be pre-stripped in
advance of mining, to be replaced atop a previously mined area and
immediately seeded, on an annual basis. Due to the nature of the
sand deposit, no overburden is present in the area. Approximately
12 inches of growth medium overlies the target sand mineral.
Limited backfill may occur using material from the process waste
stockpile. Once the reclamation phase of a pit begins, it shall be
completed within five (5) periods with ongoing maintenance and
monitoring. Upon complete cessation of mining activities, the
terminal pit and waste stockpile will be reclaimed. At that time, all
structures and other appurtenant facilities will be concurrently
demolished and/or removed from the site and the respective
affected areas reclaimed accordingly. Post-mining topography of
the site aims to reflect that of the pre-mining topography, except all
mined-out areas will be lowered, by as much as 25 to 30 feet on
average across the pit areas, generally reflective of the varying
vertical extent of sand resource extracted. Following requisite pit
reclamation and re-vegetation, cattle will be reintroduced to the
area.
6) Section 22-5-80.E.1 (CM.Policy 5.1) states: "Consider the
potentially adverse environmental effects of completed mining
operations." The application indicates that the mined area will be
reclaimed back to its existing condition (rangeland) upon
completion of mining. No adverse environmental effects are
anticipated. The referral response from the Colorado Parks and
Wildlife, dated September 15, 2020, provides recommendations on
how to manage the site with respect to the environment and animals
during mining and reclamation phases.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. 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."This code
section allows the applicant to apply for a Use by Special Review
permit for the subject mine, which is directly related to natural
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 4
resource extraction and is more intense than Uses Allowed by
Right.
2) Section 23-3-40.S — Uses by special review outside of subdivisions
and historic townsites, states: "Open Mining and processing of
minerals, subject to the additional requirements of Article IV,
Division 4, of this Chapter."This code section allows the applicant
to apply for the Open Pit Mine and processing plant. All the
components of the facility will support this request including select
Accessory Uses allowed in the A (Agricultural) Zone District per
Section 23-3-30 of the Weld County Code, specifically, offices,
structures, signage and outdoor storage areas. Although not
requested in the application materials, the applicant may also elect
to locate up to five (5) cargo containers on each of the five (5) legal
parcels, which comprise this application, subject to obtaining proper
permits from the Department of Building Inspection.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are zoned
A (Agricultural) and consist of rangeland, farmland, vacant land, rural
residential uses, industrial uses and ongoing oil and gas activity. The
proposed mine will be located in the southern portion of the Guttersen
Ranch and is primarily bordered by land also owned by the Ranch. The
closest residence is approximately 3,800 feet to the southwest from the
proposed mine perimeter. USR-1562 for the Cedar Creek 230 kV
Transmission Line bisects the subject parcels in an east-west orientation;
however, it is located outside of mine pits. There are also Public Service
Company overhead lines located in the same corridor. The proposed
mining area does not overlap with any other existing USRs. There are other
nearby industrial activities including USR-966 for a landfill (Waste
Management — Buffalo Ridge), USR-1285 for a compost facility
(A-1 Organics — Rattler Ridge), USR-1160 for a coal mine and disposal
facility (Coors Energy), USR-987 for an oil and gas production facility (DCP
Midstream), USR-959 for a compressor station, USR-1013 for a 265-foot
telecommunication tower, MUSR14-0033 for a mineral resource
development facility and crude oil transloading facility and various industrial
operations located within the Town of Keenesburg municipal limits, south
of the site.
The Weld County Department of Planning Services sent notice to six (6)
surrounding property owners within 500 feet of the proposed USR
boundary. and no responses were received. The applicant has Structure
Agreements in varying stages of progress with four (4) of these six (6)
surrounding property owners. The applicant has indicated that community
meetings will be scheduled with surrounding property owners, especially
with those with residential properties to discuss any potential nuisance
conditions that may arise, on an on-going basis.
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 5
Due to the similar industrial surrounding land uses and relatively limited
adjacent property ownership, the facility appears to be compatible with the
area. Furthermore, the applicant, Colorado Sand Company, LLC,
conducted a temporary and limited frac sand mine and processing
operation located on an adjacent parcel of land in the southwest quarter of
Section 12, Township 2 North, Range 64 West, owned by Guttersen
Ranches, LLC, and located east of and adjacent to County Road (CR) 59.
This parcel is not within the proposed USR boundary. The pilot project was
known as the Keenesburg No. 1 Mine and occupied approximately ten (10)
acres, including the mine pit and processing plant structures. The pilot
project agreement was between the Colorado Sand Company and the
Weld County Departments of Planning Services and Public Works. The
agreement permitted 90 days to actively operate a Small-Scale Sand Mine
and plant in order to complete a single "Effective Production Cycle" defined
as beginning at the commencement of drying operations, not including site
and material preparation.
Similar to the proposed USR, the pilot plant was permitted to operate 24
hours per day, seven (7) days per week, and operated in the same manner
as the proposed USR, albeit at a much smaller scale. The purpose of the
pilot was to evaluate the quality and specification of material and the
feasibility for developing a larger, commercially viable operation. The sand
product was tested by numerous oil and gas drillers and received favorable
ratings and sound well productivity according to the applicant. The pilot
project was carried out according to the terms of the executed Weld County
Pilot agreement, effective July 12, 2019, and was accompanied by an
approved Colorado DRMS 110c Permit, number M-2019-027, issued
July 12, 2019. Other applicable permits were obtained as necessary,
including a Weld County Grading Permit GRD19-0033, Access Permit
AP19-00232, Building Permits, and Colorado Department of Public Health
and Environment Air Permits and Stormwater Discharge Certificate.
Consistent with the terms of the Pilot Agreement, the plant was constructed
in July and August of 2019, and the Run of Mine material was stockpiled in
September and October of 2019. The 90-day operational cycle began in
late October of 2019. The applicant documented days when the plant was
in operation; days when the plant was shut down or had mechanical issues
were not counted towards the 90 days. Sand was sold throughout the pilot
period. The wet plant was shut down in late February of 2019 and the dry
plant was shut down in mid-March of 2019. Since that time, the applicant
has begun reclamation of the site. As of October 7, 2020, the pilot site has
completed most of the initial reclamation, with the exception of remaining
topsoil to be spread around the site and one (1) of the steel-framed,
canvas-covered sand storage structures will remain per the property
owner's request. During the pilot project, no complaints were received by
surrounding property owners and the applicant appeared to act in good
faith by abiding by the Pilot Agreement. This recent project demonstrated
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 6
that sand mining activity in the area can be a conducted successfully and
without notable disturbance to the adjacent properties.
D. Section 23-2-230.B.4 — The uses which would 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 this Code or master plans of affected municipalities. This site
is located within the three (3) mile referral radius of the Town of
Keenesburg; however, no referral response was received. The site is
located within the Coordinated Planning Agreement (CPA) boundary with
the Town of Keenesburg, effective September 24, 2014. The Keenesburg
2019 Land Use Plan identifies this area for"Industrial" uses. The proposed
USR permit is industrial in nature and does not conflict with the Town's
Land Use Plan. The Town of Keenesburg returned a signed Notice of
Inquiry (NOI) form dated September 10, 2019, which stated they do not
want to annex these parcels at this time.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The proposed plant and mine is not located within a regulatory
floodplain, Municipal Separate Storm Sewer System (MS4) area,
Greeley-Weld County Airport Overlay District, Geologic Hazard Overlay
District or Historic Townsite Overlay District. Building Permits issued on the
lot will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated as "Other Land," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will
not remove any agricultural land from production. Upon decommissioning
of the facility, the remnant mine pit depressions, pit perimeter diversions
and berms, plant facilities, structures and any other disturbed areas will be
reclaimed as necessary and returned to rangeland and native prairie lands
with attendant oil and gas activity. The future Land Use will be for cattle
grazing. Water storage is not part of the Reclamation Plan and there will
be no underground mine openings or slurry walls.
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. The
Colorado Division of Water Resources, CDPHE, Weld County Department
of Public Health and Environment, and Weld County Department of Public
Works referrals provide additional background and advisory information
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 7
regarding designing and operating the site to protect with the interests of
the County, public and other governmental agencies. Additionally, the
accepted and/or forthcoming Noise Report, Reclamation Plan,
Communication Plan, Lighting Plan, Sign Plan, Landscape and Screening
Plan, Emergency Action Plan, Dust Abatement Plan and Waste Handling
Plan will assist in mitigating impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
H. Section 23-4-260 — Additional requirements for Open Mining have been
addressed through this application and mining-specific Development
Standards will ensure compliance with Section 23-4-290 and
Section 23-4-300 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Colorado Sand Company, LLC, for land owned by
Guttersen Ranches, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0020, for Open Mining and Processing of Minerals (sand mining and processing
plant) 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 demonstrate a Final Water Supply Plan and an
explanation of secured water sources for both potable and non-potable
water demand, including for use in the wet plant per Section 23-4-280 of
the Weld County Code. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
B. The applicant shall address the requirements of Colorado Division of Water
Resources, as stated in the referral response dated August 27, 2020,
regarding demonstrating adequate water supply for the proposed operation
and stormwater detention and runoff. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The applicant shall submit a Communications Plan to the Department of
Planning Services for review and acceptance. The Communications Plan
shall address ongoing communication processes with area property
owners.
D. The applicant shall submit an updated Lighting Plan to the Department of
Planning Services for review and acceptance. The Lighting Plan shall
include detail on how any building, equipment or pole-mounted lights will
be downcast and shielded.
E. 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
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 8
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. In addition to the standard Improvements and Road
Maintenance Agreements, the applicant agrees to coordinate with both
Keenesburg and Weld County jurisdictions regarding long-term road
maintenance over the designated haul route.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0020.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D and
Section 23-4-270 of the Weld County Code.
4) The applicant shall show and label the portion of Section 12,
Township 2 North, Range 64 West as "Not a Part", which has been
excepted out of the subject parcels to be mined, by deed, recorded
July 16, 2020, reception number 4609484.
5) The applicant shall show and label the boundary of the DRMS
permit with a heavy line type, and notate the acreage included
within the DRMS permit boundary.
6) The applicant shall show and label the processing plant, site layout,
equipment and fuel tanks. A detailed drawing of this area shall be
provided.
7) The applicant shall show and label any outdoor storage area,
accessory to the mining operation.
8) The applicant shall show and label any office, buildings and
structures, accessory to the mining operation.
9) The applicant shall show and label the Ennis Draw, water wells and
water pipelines, oil and gas production facilities, infrastructure and
appurtenances.
10) The applicant shall show and label any cargo containers and/or
areas designated to contain cargo containers, if applicable. A
maximum of five (5) containers is permitted per parcel.
11) The applicant shall show and label the location of the employee and
visitor parking areas and loading zones, including scales. Refer to
Section 23-2-240.A.6 and Chapter 23, Article IV, Division 1 of the
Weld County Code.
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 9
12) The applicant shall show and label the location of any buffering,
screening, fencing and gates. Include specification details on the
USR map. Refer to Section 23-2-240.A.10 of the Weld County
Code.
13) The applicant shall show and label the location of the emergency
and site identification signage. Include specification details on the
USR map. Refer to Section 23-2-240.A.12, Chapter 23, Article IV,
Division 2, and Appendices 23-C, 23-D and 23-E of the Weld
County Code. Signs shall adhere to the Weld County Code unless
otherwise permitted by this USR.
14) The applicant shall show and label the location of the trash
collection areas. Include specification details on the USR map.
Refer to Section 23-2-240.A.13 of the Weld County Code.
15) The applicant shall show and label any lighting. All lighting shall be
downcast and shielded so that light rays will not shine directly onto
adjacent properties. Include specification details on the USR map.
Lighting requirements are located to Section 23-2-250.D of the
Weld County Code.
16) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-70.E of the Weld County
Code.
17) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or reception
number and recording date.
18) The section of CR 59, beginning at approximately 5,160 feet north
of the intersection of CR 59 and CR 20 and heading south to CR 18,
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.
19) The section of CR 59 Section Line, beginning at approximately
5,160 feet north of the intersection of CR 59 and CR 20 and heading
north, is shown to have 60 feet of unmaintained section line
right-of-way, per the Weld County GIS Right-of-Way map. The
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 10
applicant shall delineate the existing right-of-way on the site plan.
The applicant shall show and label the section line Right-of-Way as
"CR 59 Section Line Right-of-Way, not County maintained." All
setbacks shall be measured from the edge of the right-of-way.
20) The applicant shall show and label the approved access location
onto CR 59. The applicant must obtain an Access Permit in the
approved location prior to construction.
21) The applicant shall show and label the approved tracking control on
the site plan.
22) 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.
23) The applicant shall show and label the drainage flow arrows.
25) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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.
2020-3319
PL2770
SPECIAL REVIEW PERMIT (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 11
5. Prior to Operation and Mining:
A. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Colorado
Division of Reclamation, Mining, and Safety. The resultant DRMS permit
shall be submitted.
B. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Southeast Weld
Fire Protection 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 Weld
County Department of Planning Services.
C. Accepted construction drawings and construction of the off-site roadway
improvements are required prior to operation.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diets/N.) ' jdzk;IA
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUS-iI
Steve f reno, Pro em
BY:
Deputy Clerk to the Board /
1. per Scot James
APP': ED AS
1361 �� � s . ,arbara Kirkmeyer
oun y ttorney #* I PC.
®u at � Kevin D. Ross
Date of signature: J2./g/2o�`
2020-3319
PL2770
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GUTTERSEN RANCHES, LLC / COLORADO SAND COMPANY, LLC
USR20-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0020, is
for Open Mining and Processing of Minerals (sand mining and processing) in the
A (Agricultural) Zoned 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. The mine shall remain in compliance with the County Open Mining requirements per
Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining,
and Safety 112c Permit, number M-2019-058.
5. Future mining in the areas designated as "Temporary Mining Deferral Zones" on the site
plan shall require an amendment to the Use by Special Review permit and a Technical
Revision to the Division of Reclamation, Mining, and Safety 112c Permit.
6. 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.
7. Mining shall be permitted during daylight hours only, except in the case of public or private
emergency, or to make necessary repairs to equipment. Plant operations, processing,
offices and repair facilities may operate 24 hours per day, without restriction per Board of
County Commissioners approval. The facility may operate seven (7) days per week,
year-round.
8. The parking areas for mine equipment, vendors, and employees on the site shall be
maintained.
9. The operator shall maintain compliance with the accepted Sign Plan. All signs shall adhere
to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D
and 23-E of the Weld County Code.
10. The operator shall maintain compliance with the accepted Communication Plan.
11. The operator shall maintain compliance with the accepted Decommissioning Plan.
12. The operator shall maintain compliance with the accepted Lighting Plan, as applicable.
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan, in adherence to the Dark Sky Policy. Neither the
direct, nor reflected, light from any light source may create a traffic hazard to operators of
2020-3319
PL2770
DEVELOPMENT STANDARDS (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 2
motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices.
14. 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 of the Fire District and the Weld County Office of Emergency Management
to the Department of Planning Services.
15. Should human remains be discovered during mining activities, C.R.S. Part 13 applies and
must be followed.
16. 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.
17. 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.
18. 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.
19. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
20. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
21. 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 Report.
22. The operation shall remove, handle, and stockpile overburden and sand from the facility
in a manner that prevents nuisance conditions.
23. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Any On-Site Wastewater Treatment System (OWTS)
located on the property must comply with all provisions of the Weld County Code,
pertaining to OWTS. A permanent, adequate water supply shall be provided for drinking
and sanitary purposes.
24. 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
2020-3319
PL2770
DEVELOPMENT STANDARDS (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 3
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 be screened from existing adjacent residential
properties and public rights-of-way.
25. 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.
26. 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.
27. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
28. 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.
29. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
30. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
31. The operation shall comply with the Mine Safety and Health Act (MSHA).
32. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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.
35. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
36. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
37. 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.
2020-3319
PL2770
DEVELOPMENT STANDARDS (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 4
38. The property owner or operator shall comply with all requirements provided in the
executed Improvements and Road Maintenance Agreement.
39. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
40. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
41. The historical flow patterns and runoff amounts on the site will be maintained.
42. Weld County is not responsible for the maintenance of on-site drainage related features.
43. Building Permits shall be required for any new construction (buildings and/or structures)
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
Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2006 International Energy Conservation Code; 2017
National Electrical Code.
44. A Building Permit Application must be completed and two (2) complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection.
45. 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 and uses, along with details
showing compliance with Accessibility requirements and currently adopted building codes.
46. All new Commercial Building Projects require Fire District Notification (letter or email form).
Proof shall be submitted with Commercial Permit applications. Final Fire District Approval
is also required prior to issuing a Certificate of Occupancy.
47. 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.
48. 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
2020-3319
PL2770
DEVELOPMENT STANDARDS (USR20-0020) - GUTTERSEN RANCHES, LLC / COLORADO
SAND COMPANY, LLC
PAGE 5
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
49. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
50. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
51. 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.
2020-3319
PL2770
Hello