HomeMy WebLinkAbout20203624.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION 05g20/4,po .s
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland , 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 : USR20-0025
APPLICANT : JOEL AND MARCY KONIG , CIO SUPERIOR OILFIELD SERVICES CO . , LTD
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND , GRAVEL AND STONE - NORTH STAR PIT)
AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : W2 AND SE4 SECTION 22 , T12N . R63W OF THE 6TH P . M . , WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 138 AND APPROXIMATELY 1 MILE WEST
OF CR 71 .
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 ordinance in effect .
Section 22-2- 10. D states, "Extraction of natural resources is an important part of the economy of
the County. Such extraction operations should minimize the impacts to agricultural lands and
agricultural operations. "
The County recognizes that mineral resource extraction is an essential industry . The availability and
cost of materials such as sand and gravel , have an effect on the successfulness of general
construction and County road and regional highway construction industries . The agricultural lands
associated with the surface estate is underlain with a known viable aggregate deposit. With the
completion of mining , the site will be reclaimed as production agricultural lands
Section 22-5-80. B. - CM. Goal 2 states, "Promote the reasonable and orderly exploration and
development of mineral resources. "
According to the Weld County Sand and Gravel Resources map dated July 1 , 1975 , the property is
classified as Alluvial -fan deposits which are gently sloping fan-shaped deposits of gravel , sand , silt ,
and clay produced by a stream that issued or issues from a narrow valley or point source onto an
open plain or valley . Includes erosional remnants of fan deposits . The extraction of these minerals
supports the reasonable and orderly exploration and development of mineral resources .
Section 22-5- 70. D - CM. Goal 4 states, `'Minimize hazardous conditions related to mining activities
and the mining site . "
The proposed permit area is located north of and adjacent to County Road 138 and approximately
one mile west of County Road 71 . The aggregate material will be recovered using equipment typical
for sand and gravel mining operations . Equipment includes a portable crusher and screening plant,
front end loaders , scrapers , dozers and conveyor belts . During mining and reclamation activities ,
watering trucks for dust control will be used as needed . Since the material is unconsolidated
deposits , no explosives or blasting is required .
Section 22-5-80. E - CM. Goal 5 states, "Provide for timely reclamation of all mining sites and
promote their beneficial reuse . "
Reclamation may be concurrent with the mining operation if possible . The site will be returned to its
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 2
previous use of dry land farming, graded back to blend in with the original areas so farming can
continue. Overburden and topsoil will be replaced and graded with the use of scrapers and finished
off by a blade to the desired slopes and grades. The area will then be used by the landowner for
farming.
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.S of the Weld County Code provides a Site Specific Development Plan and Use by
Special Review Permit for Open Mining(sand,gravel and stone)and processing of minerals outside
of subdivisions and historic townsites 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 adjacent lands consist of pastures and dry farmland with one residence about one(1)mile south
of the site.
There are six(6) USRs within one mile of the site. USR-817, USR-721, and 1 MUSR19-16-0032 all
for gravel mining. 1 MUSR19-11-1772 for an oil and gas support and service facility, 3MUSR18-13-
0002 for a mineral resource development facility, and SUP-333 for 345 kV overhead transmission
lines.
The Weld County Department of Planning Services sent notice to four (4) Surrounding Property
Owners and no correspondence was received.
The remote location of the site,the Conditions of Approval which require an Emergency Action and
Safety Plan, as well as the Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.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 site is located not within a three(3)mile referral area or an Intergovernmental Agreement Area
of any municipality.
E. Section 23-2-220.A.5 - The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not located within any overlay district officially adopted by the County, including A-P
(Airport)Overlay District,Geologic Hazard Overlay District, MS4-Municipal Separate Storm Sewer
System area, Special Flood Hazard Area, 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 Program, 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.
The proposed site is located primarily on soils designated as"High Potential Dry Cropland-Prime if
they become Irrigated" and a small section of soils designated as "Other Land" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Specifically,the twenty-seven(27)
acre mining site is located on soils designated as "Other Land" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map.There will be no prime agricultural land removed
due to mining.
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 3
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of the inhabitants of the
neighborhood and County.
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required or a drainage narrative accepted by the
Department of Public Works. (Department of Public Works)
C. 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. A Communication Plan shall be submitted to and approved by the Department of Planning Services.
The Communications Plan shall address ongoing communication processes with area property
owners. (Department of Planning Services)
E. A Lighting Plan shall be submitted for nighttime operations, as applicable,to, and approved by,the
Department of Planning Services. (Department of Planning Services)
F. A Decommissioning Plan for all permanent and temporary structures, including equipment
associated with the aggregate mine shall be submitted to and approved by the Department of
Planning Services. (Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0025 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the onsite lighting for night-time operations in accordance with the
approved Lighting Plan, if applicable. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C,23-D and 23-E of the Weld County Code. (Department of Planning Services)
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 4
7. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
8. Show and label all recorded easements by book and page number or reception number and
date. (Department of Planning Services)
9. County Road 71 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 on the site map or 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. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10. County Road 138 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map.The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right-of-Way as"CR 138 Section Line Right-Of-
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
11. Show and label the approved access locations, approved access width and the appropriate
turning radii (60')on the site plan. The applicant must obtain an access permit in the approved
location prior to operation. (Department of Public Works)
12. 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)
13. If applicable, show and label the accepted drainage features. Stormwater ponds should be
labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated
volume. All berms or swales containing storm water runoff shall be shown on the USR map.
(Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
16. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-70.E of the Weld County Code. (Department of
Planning Services)
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 one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not
be recorded within the required one hundred twenty (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. (Department of Planning Services)
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 5
4. Prior to Construction:
A. 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. (Department of Public Works)
5. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator,the Fire District and the Weld County Office of Emergency Management.Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
B. 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)
C. The Public Works approved safety traffic control measures (stop signs) shall be installed.
(Department of Public Works)
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. (Department of Planning
Services)
Motion seconded by Tom Cope.
VOTE:
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 Commissioners 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 November 17, 2020.
Dated the 17th of November, 2020
4 , r1 14 41
Kristine Ranslem
Secretary
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Joel and Marcy Konig do superior Oilfield Services CO., LTD
USR20-0025
1. A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand,gravel and
stone- North Star Pit)and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, 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 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 offices or repair facilities located on the property.
(Department of Planning Services)
4. The number of on-site employees shall be up to ten (10). (Department of Planning Services)
5. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The Property Owner shall maintain compliance with the Communication Plan. (Department of Planning
Services)
8. Lighting shall be maintained in accordance with the approved Lighting Plan,as applicable.(Department of
Planning Services)
9. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety,may,as determined
by Weld County staff, require an amendment to this USR permit. (Department of Planning Services)
10. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151h 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)
11. 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)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 7
16. The Road Maintenance Agreement for this site may be reviewed on an annual basis,including a site visit
and possible updates. (Department of Public Works)
17. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
20. 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)
21. 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)
22. 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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
23. 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.(Department of Public Health and Environment)
24. 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)
25. 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 report.
(Department of Public Health and Environment)
26. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
27. Adequate drinking,hand washing, and toilet facilities shall be provided for employees and patrons of the
facility,at all times.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)
28. 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 be screened from
existing adjacent residential properties and public rights-of-way. (Department of Public Health and
Environment)
29. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department of Public Health
and Environment)
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 8
30. 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)
31. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
33. The operation shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health
and Environment)
34. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
35. 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)
36. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected,light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets. No colored lights may be used which
may be confused with, or construed as, traffic control devices. (Department of Planning Services)
37. Building permits maybe required,for any new construction or set up manufactured structure,per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County:2018 International Building
Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical
Code; and Chapter 29 of the Weld County Code.A plan review shall be approved, and a permit must be
issued prior to the start of construction. (Department of Building Inspection)
38. The property owner or operator shall be responsible for complying with the Open-Mining Standards of
Chapter 23, Division 4 of the Weld County Code. (Department of Planning Services)
39. 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)
40. 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. (Department of Planning Services)
41. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 9
42. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use,or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
43. 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.
44. 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
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,
RESOLTUION USR20-0025
JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PAGE 10
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, sandburs, 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.
EX Is iar
1
PL Mivwtkts es
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING asz2o S
2
lib 7 /2620
Tuesday , November 17 , 2020
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,
Elijah Hatch , at 12 : 30 pm .
Roll Call .
Present : Gene Stille , Tom Cope , Elijah Hatch , Skip Holland , Sam Gluck , Butch White .
Absent: Lonnie Ford , Dwaine Barclay , Troy Mellon .
Also Present : Kim Ogle and Diana Aungst, Department of Planning Services ; Lauren Light and Ben Frissell ,
Department of Health ; Melissa King , and Zackery Roberson , Department of Public Works ; Bob Choate ,
County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0025
APPLICANT: JOEL AND MARCY KONIG , C/O SUPERIOR OILFIELD SERVICES CO . , LTD
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING ( SAND , GRAVEL AND STONE - NORTH STAR
PIT ) AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : W2 AND SE4 SECTION 22 , T12N . R63W OF THE 6TH P . M . , WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 138 AND APPROXIMATELY 1 MILE WEST
OF CR 71 .
Diana Aungst, Planning Services , presented Case USR20-0025 , reading the recommendation and
comments into the record . Ms . Aungst stated that notice was sent to four surrounding property owners and
no correspondence was received . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards .
Zackery Roberson , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site .
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , noise levels , and the Waste Handling Plan .
Jack Miller, Superior Oilfield Services , 2986 W 29th Street, Greeley , Colorado , stated that this is a sand and
gravel mine and they furnish materials to the oil and gas industries and other individuals who need material .
He noted that this will mainly service the Pawnee area and within 20 to 25- mile radius of the mine .
Commissioner Cope asked how tall the stockpiles will get. Mr. Miller said it varies but estimated 50 feet.
Commissioner Holland asked what the reclamation will be . Mr. Miller said that they are developing in
phases and as they proceed , they will reclaim the property back to what it was originally .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
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 USR20-0025 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 Skip Holland , Seconded by Tom Cope .
Vote : Motion carried by unanimous roll call vote ( summary : Yes = 6 ) .
Yes : Butch White , Elijah Hatch , Gene Stille , Sam Gluck , Skip Holland , Tom Cope .
Meeting adjourned at 2:32 pm.
Respectfully submitted,
d� ca�v u1` mi,
Kristine Ranslem
Secretary
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