HomeMy WebLinkAbout20201500.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0075, FOR OPEN MINING AND PROCESSING OF MINERALS
(TOPSOIL AND OVERBURDEN) IN THE A (AGRICULTURAL) ZONE DISTRICT -
RICHARD AND PATRICIA HUWA, CIO ARNOLD'S CUSTOM SEEDING, 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 27th day of
May, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Richard and Patricia Huwa, 34216 CR 16 Keenesburg, Colorado 80643,
c/o Arnold's Custom Seeding, LLC, 4626 CR 65, Keenesburg, Colorado 80643, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0075, for Open Mining and
processing of minerals (topsoil and overburden) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
NW1/4 of Section 35, Township 2 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Doug Cook, 4032 CR 65,
Keenesburg, Colorado 80643, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Following mining, the site will be reclaimed as
productive agricultural lands.
2) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources." According to the
P1.(Ko/tp) PW(wwM DA-), 2020-1500
6c. , L PL2748
-11 �oIzO2.o
SPECIAL REVIEW PERMIT(USR19-0075)-RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 2
Weld County Sand, Gravel Resources map, dated July 1, 1975, the
property is classified as Valley-Fill deposits, having unevaluated
aggregate deposits of gravel, sand, silt and clay. The application
materials indicated this property has limited overburden and that
extraction activities will remove approximately 24 inches less than
the first four (4) inches of topsoil from the natural grade of the
surface.
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 Department of Public Works
is requiring an Improvements and Road Maintenance Agreement
for road maintenance and future improvement triggers. The
agreement will detail the approved haul route(s), outline when
off-site improvements will be triggered, and include a Maintenance
Agreement for the haul routes
4) Section 22-5-80.D.1 (CM.Policy 4.1 states, in part: "Require all
mining operations conform to federal, state and local environmental
standards."The extraction of the resource will commence on lands
in the north and move in a southerly direction across the site. As
stated in the application, there will be no processing of materials on
this property. The applicant proposes to utilize trucked-in water 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 and Safety, Division/DRMS, Permit
No. M2016-022, conditionally approved on September 6, 2019.
B. Section 23-2-230.B.2 — The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for Open Mining (topsoil and overburden) and processing
of materials (topsoil and overburden) in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The area is comprised of irrigated
and non-irrigated agricultural lands. A 115kV Transmission Line flanks the
west property line (USR-1186) and there are two (2) private airstrips within
0.5 miles, (USR-1173) south of CR16 and (USR-868) north of CR 16. The
relatively rural nature of the area and the current and proposed mining
operations make this proposed mining operation and reclamation plan
compatible with surrounding land uses. The Weld County Department of
Planning Services sent notice to ten (10) surrounding property owners.
Planning staff received no correspondence from property owners within
500 feet of the parent parcel. There are 22 residences located within
one (1) mile of the proposed mine site. There are four (4) residential
structures in the near vicinity, approximately 50 feet from the north property
2020-1500
PL2748
SPECIAL REVIEW PERMIT(USR19-0075)- RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 3
line, near the property access road to the farm and to CR 16 is the first
residence with outbuildings, the second residence is to the west, the third
is to the northwest of the intersection of CR 16 and CR 69 and the fourth
residence is to the north of the northeast corner of the property. All the latter
three (3) residences are a minimum of 110 feet from the property line. The
Department of Planning Services has received no telephone calls or
correspondence concerning this land use application.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. There are no municipalities within the three (3) mile referral
area of the project site. The proposed permit area currently consists of
irrigated lands and, in general, the surrounding property is primarily
irrigated and non-irrigated agricultural lands. The Conditions of Approval
and Development Standards will help ensure the health, safety, and
welfare of the surrounding property owners.
E. Section 23-2-230.B.5 — The application complies with Section 23-5-230 of
the Weld County Code. The proposed mine is not located within a
regulatory floodplain, the MS4 area, the Geologic Hazard, or Airport
Overlay Areas. Building Permits issued will be required to adhere to the fee
structure of the County-wide Road Impact, 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 property to be mined contains approximately 160 acres of"Prime"
agricultural lands. The "Prime" agricultural lands will be taken temporarily
out of production with this proposal for the period of topsoil mining and
returned to cropland as the post mining use. The land has limited physical
improvements, with three (3) outbuildings/storage sheds.
G. Section 23-2-230.B.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 can
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 — Additional requirements for Open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 Weld County Code.
2020-1500
PL2748
SPECIAL REVIEW PERMIT(USR19-0075)-RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Richard and Patricia Huwa, do Arnold's Custom
Seeding, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0075, for Open Mining and processing of minerals (topsoil and overburden) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall attempt to address the requirements (concerns) of the
Colorado Division of Water Resources, as stated in the referral response
dated February 20, 2020. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements (concerns) of
Henrylyn Irrigation District, as stated in the referral response dated
March 16, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall submit an Improvements and Road Maintenance
Agreement with triggered off-site improvements. Road Maintenance
includes, but is not limited to, dust control and damage repairs to specified
haul routes.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0075.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 14 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
5) County Road 16 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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
2020-1500
PL2748
SPECIAL REVIEW PERMIT(USR19-0075)-RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 5
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
6) County Road 69 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
7) The applicant shall show and label the approved access location
and access type(s) (Agricultural, Residential, Commercial/Industrial
and/or Oil and Gas), approved access width (24 to 40 feet,
measured at the right-of-way line) and the appropriate turning radii
(60 feet) on the site plan. The applicant must obtain an Access
Permit in the approved location prior to operation.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) 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.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
12) 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.
13) The map shall delineate the parking area for the dozer, the
front-end loader, the 15 gravel trucks and for the two (2) employees.
14) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date.
2020-1500
PL2748
SPECIAL REVIEW PERMIT(USR19-0075)-RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 6
15) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-70.E of the Weld County Code.
2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed for construction outside of the
gravel mining area, a Weld County Grading Permit will be required.
C. The applicant shall submit written evidence that the Financial and
Performance Warranty has been submitted and accepted by the Division
of Reclamation, Mining and Safety.
D. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
3. The Use by Special Review Permit 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.
4. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by 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 120 days of approval by the Board of County Commissioners.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
2020-1500
PL2748
SPECIAL REVIEW PERMIT(USR19-0075)-RICHARD AND PATRICIA HUWA, C/O ARNOLD'S
CUSTOM SEEDING, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddedfi4) ��,,��,,// `• •�C,1�fD•� Mike Freeman, Chair
Weld County Clerk to the Board
Steve oreno, Pro-Tem
BY: � L� �•Ii/
ieputy Clerk to the Boar•
Scott ‹. James
APP'• . D A `- OR �""-��_
1,461 -`;t:= _ ,J-rbara Kirk - -
County ttorney
Kevin D. Ross
Date of signature: 6/5 X20
2020-1500
PL2748
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND PATRICIA HUWA
C/O ARNOLD'S CUSTOM SEEDING, LLC
USR19-0075
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0075, is
for Open Mining (topsoil and overburden) and processing of materials (topsoil and
overburden) in the A (Agricultural) Zone District, as indicated in the application materials
on file, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All 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.
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, C.R.S. §30-20-100.5.
5. 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.
6. 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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
8. The operation shall remove, handle, and stockpile topsoil and overburden from the facility
area in a manner that prevents nuisance conditions.
9. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and shall be screened from residences within
one-half mile of the facility and high-volume roads in consultation with the Department of
Public Works.
10. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
2020-1500
PL2748
DEVELOPMENT STANDARDS (USR19-0075) - RICHARD AND PATRICIA HUWA,
CIO ARNOLD'S CUSTOM SEEDING, LLC
PAGE 2
11. The operation shall comply with the Mine Safety and Health Act (MSHA).
12. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
16. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
17. 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.
18. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
19. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
20. The historical flow patterns and run-off amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on-site drainage related features.
22. 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.
23. 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.
24. Section 23-4-290.6 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.
2020-1500
PL2748
DEVELOPMENT STANDARDS (USR19-0075) - RICHARD AND PATRICIA HUWA,
C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 3
25. 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.
26. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County-wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Program.
27. Building Permits will be required, per Section 29-3-10 of the Weld County Code. Currently,
the following have been adopted by Weld County: 2018 International Building Code, 2018
International Fuel Gas Code, 2006 International Energy Conservation Code, and 2017
National Electrical Code.
28. The number of employees associated with the daily operations of mining and processing
operations is limited to two (2) persons, as stated by the applicant.
29. The number of truck drivers is limited to 15 persons, as stated by the applicant.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Open-Mining
Standards of Section 23-4-250, Weld County Code.
34. 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.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
36. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
2020-1500
PL2748
DEVELOPMENT STANDARDS (USR19-0075) - RICHARD AND PATRICIA HUWA,
C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 4
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
37. 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.
38. 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.
39. 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.
40. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2020-1500
PL2748
Hello