HomeMy WebLinkAbout20203625.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: November 17, 2020
Case Number: USR20-0025
Applicant: Joel and Marcy Konig do Superior Oilfield Services Co., LTD
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 The W2/SE4 of Section 22, Township 12 North, Range 63 West of the 61h P.M., Weld County
Description: Colorado
Location: North of and adjacent to County Road 138 and approximately one (1) mile west of County
Road 71
Size of Parcel: +1- 475 acres Parcel No. 0043-22-3-00-009
Mined Area: +1- 27.16 acres
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
Weld County Zoning Compliance, referral dated September 24, 2020
▪ Weld County Department of Public Works, referral dated October 21, 2020
▪ Colorado Department of Public Health and Environment, referral dated October 1, 2020
▪ Weld County Department of Public Health and Environment, referral dated October 19, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office, referral date September 25, 3020
▪ West Greeley Conservation District, referral dated October 13, 2020
Y State of Colorado, Division of Water Resources, referral dated September 29, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V
Laramie County, Wyoming
Colorado Historical Society
Weld County Schools RE -12
Weld County Assessor Office
Pawnee Fire Protection District
State of Colorado Parks and Wildlife
Colorado Division of Minerals and Geology
Weld County Office of Emergency Management
State of Colorado Division of Reclamation, Mining, and Safety
USR20-0025
Page 1
Planner:
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
Mined Area:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR20-0025
Joel and Marcy Konig c/o Superior Oilfield Services Co., LTD
Hearing Date: November 17, 2020
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
The W2/SE4 of Section 22, Township 12 North, Range 63 West of the 61h P.M., Weld County
Colorado
North of and adjacent to County Road 138 and approximately one (1) mile west of County
Road 71
+/- 475 acres
+/- 27.16 acres
Parcel No. 0043-22-3-00-009
Superior Oilfield Services Co., LTD has submitted a USR request to continue a mining operation in Weld County.
This operation is known as North Star Pit and is currently being operated under Colorado Division of Reclamation,
Mining, and Safety (DRMS) permit No. M2012-004. This area has been mined since 2012 without a USR. The
original DRMS permit was for approximately 10 acres and in July of 2019 the applicant submitted a request to the
DRMS to increase the permit area to the 27.16 acres. This USR covers the entire 27.16 acres.
According to the DRMS permit the mining will be done from west to east working the material from the north to the
south to the permit boundaries. The aggregate mine operation will be conducted as a dry pit. Scrapers will strip
the topsoil and overburden materials and place them in the designated areas for future use during reclamation.
The thickness of the topsoil is four to six (4-6) inches and the overburden ranges from one to two (1-2) feet. The
sand and gravel resource are an alluvial deposit that ranges in depth from ten to sixteen (10-16) feet. The primary
commodities are sand, gravel, and fill intended for construction materials. No explosive material will be used on -
site.
The site will be mined in one phase using scrapers, bulldozers, front-end loaders, excavators or similar type
equipment. Material will be fed to the crushing and screening operations by front end loaders picked up at the
embankment areas and transported for processing. The plant sites for the crushing and screening will vary
depending on what part of the site is being mined. The processed material will be stockpiled by conveyor or front-
end loaders depending on available space. There will be a ten (10) foot setback left around the entire permit
boundary with the exception of the west side that will be daylighted through to the existing ground level. The
operator may import material from other sites.
Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. The
topsoil will be seeded if it is left undisturbed for more than one growing season.
The mining may be completed in five (5) years, but the life of the operation is dependent on market demand. Any
reclamation not done before the mining is completed will be finished post mining.
USR20-0025
Page 2
A water truck will be assigned to the site when in operation for dust control if needed. Water will be sourced from
an industrial well leased by the operator approximately two (2) miles north in Wyoming. An estimated 6,000 gallons
per day will be used for dust control.
There are between two (2) and ten (10) employees at the site depending on the level of hauling activity and
production. The hours of operation are Monday thru Saturday dusk to dawn. No landscaping is proposed.
An active Zoning Violation (ZCV20-00169) was noted. This violation was initiated due to the presence of a
commercial gravel mine without first completing the necessary Weld County Use by Special Review Permits. This
case has been forwarded to the County Attorney's Office.
Approval of this application by the Board of County Commissioners would correct the zoning violation; however,
the zoning violation case (ZCV19-00169), nor the associated court case (20-C-32501) can be dismissed until the
Conditions of Approval have been completed and the final map has been recorded. If this application is denied,
this case will continue through the Violation process in County Court, Division C (20-C-32501).
The Colorado Department of Public Health and Environment (CDPHE) submitted a referral with comments and
the applicant has addressed these comments in an email dated October 15, 2020.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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.Goal4 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
USR20-0025
Page 3
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.Goai 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
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 farm land 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 1MUSR19-16-0032 all for
gravel mining. 1MUSR19-11-1772 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.
USR20-0025
Page 4
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.
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 Department of Planning Services' staff 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)
USR20-0025
Page 5
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)
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
USR20-0025
Page 6
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)
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)
USR20-0025
Page 7
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 15'" 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)
USR20-0025
Page 8
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)
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)
USR20-0025
Page 9
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 may be required, for any new construction or set up manufactured structure, per Section 29-
3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit application.
Currently the following 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.
USR20-0025
Page 10
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.
USR20-0025
Page 11
County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared
for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment
and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,
high speed traffic, 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.
USR20-0025
Page 12
September 24, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
JOHN (JIM) MCFARLAND
SUPERIOR OILFIELD SERVICES CO LTD
2986 W 29TH ST UNIT 12
GREELEY, CO 80631-8547
Subject: USR20-0025 - A Site Specific Development Plan and Use by Special Review Permit for Open
Mining (sand, gravel and stone) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District - North Star Pit
On parcel(s) of land described as :
8185 W2/SE4 SECTION 22 T12N R63W (6R 2LONG) of the 6th P.M., Weld County, Colorado.
M2012004 NORTH STAR PIT of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 17, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
16, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
iCkA&-Q9Lt(-V9d)
Diana Aungst
Planner
Hello