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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR20-0030
Cannon Land Company, 3333 So. Wadsworth Blvd., Lakewood, CO 80227
Platte Valley Irrigation Company, 3400 W. 16th Street, Greeley, CO 80633
Hearing Date: November 17, 2020
Lynn Shults, LG Everist, Inc., 7321 E. 88th Avenue, Henderson, CO 80640
Site Specific Development Plan and Use by Special Review for open mining (sand,
gravel, stone, topsoil, overburden and borrow materials) and processing of minerals.
Also included are a portable (temporary) ready -mixed concrete and a hot mix asphalt
batch plants, concrete and asphalt recycling, a mine office/scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and
storage; employee and vendor parking and more than two (2) conex containers for
storage of products for plant operations and maintenance outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
Part of the NE4SE4 of Section 7; Part of the SW4 of Section 8, Part of the NW4 of
Section 17, Part of the NE4NE4 E4 NW4NE4 E4 SW4SE4 SE4SW4 NE4SW4 NE4NW4 and
the SE4NW4 and all of the SE4NE4 SW4NE4 NE4SE4 SE4SE4 and NW4SE4 of
Section 19, and part of the N2NE4 of Section 19, Township 2 North Range 66 West of
the 6th P.M., Weld County Colorado
South of and adjacent to County Road 22.5; approximately 7900 -feet west of County
Road 31; approximately 1260 -feet east of County Road 25 and approximately 3825 -feet
north of County Road 18
± 643 acres
± 510 acres
Parcel No's. Multiple parcels
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 Department of Public Works, referral dated October 6,2020
Weld County Planning — Floodplain Administrator, referral dated October 8, 2020
Platteville-Gilcrest Fire Protection District, referral dated October 6, 2020
State of Colorado, Division of Reclamation, Mining Safety, letter dated October 14, 2020
City of Fort Lupton, referral dated October 19, 2020
Weld County Department of Public Health and Environment, referral dated October 22, 2020
Platte Valley Irrigation Company, referral dated October 28, 2020
Colorado Department of Transportation, referral dated October 28, 2020
United Power, referral dated October 30, 2020
Kerr McGee Oil and Gas OnShore, LP referral dated October 30, 2020
ARB Midstream, LLC, referral dated October 30, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated October 2, 2020
U nited States Fish and Wildlife Service, referral dated October 2, 2020
Weld County RE -8 Schools, referral dated October 5, 2020
Kerr-McGee Gathering, LP, nka Western Midstream, referral dated October 5, 2020
Colorado Geologic Survey, referral dated October 27, 2020
DCP Midstream Partners, LP, referral dated October 29, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
U S Sprint
Century Link
History Colorado
Evans No. 2 Ditch
Town of Platteville
Noble Energy, Inc.
Level 3 Communications
Suncor Energy Company
KP Kauffman Company, Inc.
U nion Rural Electric Company
U nion Pacific Railroad Company
Platte Valley Conservation District
Fort Lupton Fire Protection District
Platteville Irrigation & Milling Company
Colorado Interstate Gas Company, LLC
U nited States Army, Corps of Engineers
Weld County Office of Emergency Management
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 2
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Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR20-0030
Cannon Land Company, 3333 So. Wadsworth Blvd., Lakewood, CO
Platte Valley Irrigation Company, 3400 W. 16th Street, Greeley, CO
Hearing Date: November 17, 2020
Lynn Shults, LG Everist, Inc., 7321 E. 88th Avenue, Henderson, CO
Site Specific Development Plan and Use by Special Review for open mining (sand,
gravel, stone, topsoil, overburden and borrow materials) and processing of minerals.
Also included are a portable (temporary) ready -mixed concrete and a hot mix asphalt
batch plants, concrete and asphalt recycling, a mine office/scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and
storage; employee and vendor parking and more than two (2) conex containers for
storage of products for plant operations and maintenance outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
Part of the NE4SE4 of Section 7; Part of the SW4 of Section 8, Part of the NW4 of
Section 17, Part of the N.E4NE4 NW4NE4 SW4SE4 SE4SW4 NE4SW4 NE4NW4 and
the SE4NW4 and all of the SE4NE4 SW4NE4 NE4SE4 SE4SE4 and NW4SE4 of
Section 19, and part of the N2NE4 of Section 19, Township 2 North Range 66 West of
the 6th P.M., Weld County Colorado
South of and adjacent to County Road 22.5; approximately 7900 -feet west of County
Road 31; approximately 1260 -feet east of County Road 25 and approximately 3825 -feet
north of County Road 18
± 643 acres
± 510 acres
Parcel No's.
1309-18-0-00-003
1309-18-0-01-007
1309-18-0-00-004
1309-19-0-00-005
1309-19-0-00-036
1309-08-0-00-013
1309-17-0-00-029
1309-17-0-00-030
1309-07-0-00-010
LG Everist Company, which is permitted to operate under Colorado Division of Reclamation Mining Safety
permit no. M2020-0007, approved on July 2, 2020 pending the posting of the financial warranty and
performance warranty is working to permit and develop sand and gravel mining operations in Weld County.
This site, known as the Ragsdale Reservoirs, will mine pit run material that will be hauled or conveyed to the
processing plant. The proposed use of the site is for a sand and gravel mine, which will be reclaimed as
developed water storage. The site is 643.30 acres and is located about 3.5 miles north of Fort Lupton,
Colorado, with the initial entrance on the west side of State Highway 85 along a private drive (which is on the
same alignment as County Road 20). There are two main areas of the site - a west area containing
USR20-0030 — LG Everist,
Ragsdale Reservoirs
Page 3
nc.
approximately 365.4 acres, and an east area containing approximately 277.9 acres. The west and east areas
are separated by a transportation corridor which includes Highway 85, the Union Pacific Railroad line and all
the associated easements and ROWs.
The area being permitted and much of the surrounding areas has historically been used as irrigated and non -
irrigated cropland, and vacant land. Agricultural uses will continue in areas where mining is not taking place.
This site lies near the South Platte River, and it contains an alluvial gravel deposit in the western area, which
extends into a large terrace of gravel in the eastern area. The commodities to be mined are sand, gravel,
topsoil, overburden and borrow materials.
The mining and reclamation plan post mining to creates multiple slurry wall lined reservoirs that will not be
hydrologically connected to the South Platte River or any alluvial aquifer. The plan also includes multiple
unlined pits that will be backfilled with excess overburden and wash fines from the sand and gravel processing
plant and be reclaimed as agricultural lands. The reservoir phases will be sealed prior to mining, thereby
eliminating the groundwater drawdown which is typically associated with mine site dewatering. This will also
eliminate or minimize the possibility of any adverse impacts to nearby alluvial wells.
The mining will then be done with excavators, loaders, and other similar heavy► mobile equipment. There will
be no explosives used at this site. The miner expects this mining operation will have no or minimal impacts
on the prevailing hydrologic balance. Sand and gravel mining related impacts to groundwater wells near the
pit will be mitigated through the installation of slurry walls around the perimeter of new reservoir mining phases
prior to the start of dewatering in each reservoir phase. And based on regional groundwater studies and the
applicant's experience during numerous previous operations, the miner has found that slurry wall liners
mitigate any impacts to groundwater on nearby areas surrounding a lined reservoir. Additionally, the
undisturbed easement areas, and the ditches, river and streams lying across or around each site will limit
groundwater mounding or shadowing. If any significant groundwater changes do occur, the applicant will take
steps to mitigate them.
There will be between 15-20 employees mining and processing material daily. There may be around 100
"visitors" daily, including truck drivers, service contractors, company personnel from other sites, customers
and others. The highest number of "visitors" will be truck drivers, coming on site for a truckload of materials
and leaving to transport the materials elsewhere.
There are two processing plant sites - west area Plant #1 is located in Phase 3 -68 acres) and east area
Plant #2 is located in Phase 4A ('38 acres). The processing plant will consist mainly of processing equipment,
including crushers, screens, conveyors, feeders, and control trailers. There will be enclosed shipping
containers which will be used to store products for plant operation and maintenance.
There are plans to have an office trailer at the plant site, which will be a mobile unit that can be moved from
the first plant site to the second plant site.
The vehicles that will access the site for the proposed use may include semi -trucks, tandem trucks, delivery
vans, and passenger vehicles. When the site is in full operation, we estimate around 500 round trips daily of
material sales from the site. Site traffic would go directly out of the west area's site entrance onto a private
road and to Highway 85, then travel north or south. The private road is located on the west side of State
Highway 85 and is on the same alignment as County Road 20.
When the mining operations move to the east area, the proposed mine access would be onto either County
Road 22 or County Road 20 via a landowner easement. Traffic would be coming from the east area's plant
site, which would be located on the south side of County Road 22. The traffic would head west to Highway
85, then go north or south to get the materials to market.
The applicant submitted a letter from the Division of Reclamation, Mining and Safety dated October 14, 2020
who found L. G. Everist Incorporated to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et.
seq. for obtaining a mining and reclamation permit. On July 2, 2020 the Mined Land Reclamation Board
approved the Permittee's application for this permit, fixed the amount of the financial warranty and directed
that this permit be issued upon the filing with the Division of Reclamation, Mining and Safety of performance
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 4
warranty and financial warranty in the amount so fixed in form and substance approved by the Division. Said
warranties have been filed with the Division of Reclamation Mining and Safety.
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 and water storage
reservoirs.
Section 22-5-80.B. CM.Goal 2 states "CM.Goal 2. Promote the reasonable and orderly exploration
and development of mineral resources."
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
uranium. High -quality sand and gravel deposits in the County are found along major drainage ways.
This site is located adjacent to the South Platte River corridor. The area located to the west of
State Highway 85 is classified as flood -plain and valley -fill deposits being water -deposited gravel,
sand, silt and clay along present stream courses. Unevaluated aggregates coarse and fine aggregate
resources that were not evaluated because of inadequate exposures, lack of drill -hole data, location,
access, poor potential, aerial extent, or a prior land use that excludes the possibility of recovery
aggregate and Stream Terrace deposits being older stream deposits now preserved as benches
flanking present stream courses. Smaller and less distinct terraces are included with valley fill
deposits. Fine Aggregates being sands including sands ranging from coarse gravelly stream sands
to fine grained wind deposited dune sands, per the Weld County Sand Gravel Resources map of
1974.
The mine site area located to the east of State Highway 85 is classified as Stream Terrace deposits
being older stream deposits now preserved as benches flanking present stream courses. Smaller
and less distinct terraces are included with valley fill deposits. Fine Aggregates being sands including
sands ranging from coarse gravelly stream sands to fine grained wind deposited dune sands and
Upland deposits — Mesa or bench like erosional remnants of ancient stream deposits isolated above
present stream courses. Unevaluated aggregates coarse and fine aggregate resources that were
not evaluated because of inadequate exposures, lack of drill -hole data, location, access, poor
potential, aerial extent, or ap prior land use that excludes the possibility of recovery aggregate, per
the Weld County Sand Gravel Resources map of 1974.
Section 22-5-80.C CM.Goal 3 states "CM.Goal 3. Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways."
The proposed mine may adversely impact the adjacent land uses, roads and possibly highways.
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 5
The rural nature of the area and the existing mining operations make the proposed mining operation
and reclamation plan compatible with surrounding land uses. Lands immediately adjacent to the
permit boundary include the South Platte River corridor to the west; to the south are agricultural lands
with rural residences and the South Platte River corridor and associated floodway and floodplain.
Bisecting the permit boundary is Colorado Highway 85 and the Union Pacific Railroad mainline track.
To the east are rural residential development patterns on agricultural lands. North and South of the
east permit area are larger tract agricultural lands.
The City of Fort Lupton in their referral dated October 19, 2020 states County Road 22 is designated
as an arterial east of Highway 85. ROW Reservation of 110 -feet wide on the section line is required.
West of Highway 85 is a potential future County Road 22 extension.
Per the Traffic Impact Study, the development of Ragsdale Reservoirs Gravel Mine is feasible from
a traffic engineering standpoint. In the short range (2024) future, given the increase of traffic for
Ragsdale Reservoirs and an increase in background traffic, this level of service is considered to be
normal during the peak hours at stop sign controlled intersections along state highways.
To address impact to the area roads, the Department of Public Works is requiring a Road
Maintenance Agreement with up -front improvements required for the proposed mine site, including
the haul route from the mine entrance as a Condition of Approval to be accepted by the Board of
County Commissioners prior to recording the USR map. The Colorado Department of
Transportation will require an access permit and likely will include upgrades to the current
infrastructure to accommodate the additional truck traffic.
Per the Traffic Impact Study, improvements will be required, in the short range (2024) and long
range (204 0) a northbound left -turn deceleration lane, a southbound right -turn deceleration lane, a
northbound left -turn acceleration lane, and a southbound right -turn acceleration lane are required.
The Highway 85 Access Control Plan (ACP) dated 2017 developed a strategic vision for US 85
between Interstate 76 (1-76) and County Road 100 that addressed safety, mobility and access
concerns. The applicant proposes to utilize a private roadway to access onto State Highway 85
directly west of the intersection of County Road 20 and State Highway 85 for access to the west side
of the State Highway 85 mine area. At this location, the ACP recommends a right -in, right -out
configuration which would be in conjunction with a parallel road system between County Road 18
and County Road 28.
The applicant submitted the complete access design package to CDOT on September 25, 2020. Per
the application materials, CDOTs Conditional Approval is expected December 31, 2020 with final
CDOT approval expected in March 2021 based on the initial comments from CDOT. Expected
improvements at this location identify a right -in and right -out traffic movement pattern.
In the referral from the Colorado Department of Transportation dated October 28, 2020, this agency
states, "CDOT agrees with the conclusions of the traffic impact study. A new access permit will need
to be obtained from CDOT. Since this proposal will result in highway auxiliary lanes, the applicant will
need to meet with CDOT Region 4 on the appropriate documents and process.'
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 west of Colorado Highway 85 near the South Platte River and
east of Colorado Highway 85 and the Union Pacific Railroad mainline track. Aggregate materials
within the proposed permit area are composed of floodplain, stream and terrace deposits associated
with the existing and historic river corridor drainage system. The gravel deposit thickness ranges from
eight (8) to fifty-two (52) and greater feet below the ground surface with an average depth of
approximately forty (40) feet.
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 6
The depths are more specifically defined as on the west side of State Highway 85 within the permit
boundary, located west of the Platte Valley Irrigation Ditch (Phases 1, 2 & 2A), the depth of the
aggrege resource is thirty-two (32) feet with approximately two and one-half (2.5) feet of topsoil or
overburden. Also, on the westside, east of the Platte Valley Irrigation ditch (Phases 1A & 3), the
depth of the aggrege resource is fifty-five (55) feet with approximately three (3) feet of topsoil or
overburden.
The depth of the aggregate resource east of Highway 85 within the permit boundary, west of the
Platteville Irrigation & Milling ditch (Phases 4, 4B, 5 & 6) is on average forty-two (42) feet with
approximately three and one-half (3.5) feet of topsoil or overburden. Also, on the eastside, west of
the Platteville Irrigation & Milling ditch (Phases 4A & 5A), the depth of the aggregate resource is
twelve (12) feet with approximately four (4) feet of topsoil or overburden.
The aggregate material will be recovered using equipment typical for sand and gravel mining
operations. Mining equipment may include but is not limited to, front-end loaders, scrapers,
excavators, a drag line, dozers, off -road haul trucks, dump trucks and a water truck. Processing
equipment may include but is not limited to conveyors, crushers and screen plants. A scale and scale
house may be built at the mine. 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."
Following temporary mining disturbances from the proposed Ragsdale Reservoir Pit, reclamation will
take place concurrently with mining activities. The current land use on the Cannon Land Company
property is irrigated agriculture lands, non -irrigated lands and riparian corridor areas. The use of this
land from irrigated agriculture lands and riparian corridor lands will change to water storage reservoirs
and retain the riparian corridor areas for conveyance of waters associated with the South Platte River.
Most of the land surrounding the proposed permit area has similar uses of river corridor, gravel mining
open space and industrial uses. With the river corridor being undeveloped land in the surrounding
area, maintaining this land as a river corridor is of vital importance in helping preserve those qualities
that make a river or stream suitable as a habitat for wildlife, a site for recreation, and a source for
domestic and other water uses. These corridors also allow the free movement of wildlife from area to
area within the region, help control erosion and river sedimentation, and help absorb floodwaters
consistent with the more regional land uses and for the continuation of agricultural operations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Chapter 23, Article III, Section 23-3-40.S of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for open mining (sand, gravel, stone, topsoil,
overburden and borrow materials) and processing of minerals. Also included are a portable
(temporary) ready -mixed concrete and a hot mix asphalt batch plants, a mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage; employee and vendor parking and more than two (2) conex containers for storage of
products for plant operations 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 use is consistent with the intent of the district in which the site is located. The site's property
parcels are zoned Agricultural (A). The proposed project is a listed as an aggregate mine, permitted
in the Agricultural Zone District as detailed in this Use by Special Review permit application, and in
the Weld County Code.
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 7
Weld County Code, Chapter 23, Article III, Division 1 Section 23-3-10 Intent, states in part states in
part "The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production, and for areas for natural
resource extraction and energy development, without the interference of other, incompatible land
uses.,,
Zoning in the area surrounding the site is primarily the (A) Agricultural Zone District. In addition to
agricultural uses, there are multiple special uses within a one mile, including aggregate mining, oil
and gas development and light industrial uses. The end use, water storage reservoirs is consistent
with the uses in the area surrounding areas.
The adjacent lands within one (1) mile of the property boundary consist of agricultural uses, aggregate
mining, the river corridor, rural residences, oil and gas operations, commercial and industrial uses
many permitted through a Special Use Permit, including:
To the west of the site there are seven (7) USRs: USR-1215 for aggregate mining; SUP -426 for
aggregate mining, USR-1444 for aggregate mining, USR17-0072 for aggregate mining, 1 MUSR16-
11-1774 for a winery and event center, USR13-0035 for oil and gas support and service and USR-
1639 for oil and gas support and service;
To the north there are six (6) USRs: USR17-0072 for aggregate mining, USR13-0035 for oil and gas
support and service, USR12-0019 for oil and gas support and service, USR-911 for Tractor and
implement sales, USR-1591 for outdoor storage of RVs and USR-1504 for a private airstrip;
To the east there are eight (8) USRs: USR13-0068 for a 2nd SFD; USR11-0002 for oil and gas
support and service, USR13-0027 for oil and gas support and service, MUSR14-0013 for Propane
storage and distribution; USR14-0022 for HP gas pipeline, USR-477 for oil and gas support and
service, USR-1709 for oil and gas support and service, USR-1394 for aggregate mining, USR-1758
for oil and gas support and service.
To the south there are nine (9) USRs: 1MJUR16-04-1459 for vehicle sales and service, MUSR15-
0017 for oil and gas support and service, SUP -469 for oil and gas support and service, USR-1227
for a vehicle maintenance facility, USR-1215 for aggregate mining, USR-828 for a kennel, USR-477
for oil and gas support and service, USR-1709 for oil and gas support and service, USR16-0044 for
oil and gas support and service, USR-1758 for oil and gas support and service, USR-986 for oil and
gas support and service and USR-1394 for aggregate mining.
There is one (1) Special Use Permit of record within the permit boundary, permitted under SUP -281
for a gas processing plant. This facility is longer located on the property and as a condition of
approval, the property owner will request to vacate this permit.
There are a few houses and structures on the site within the USR and DRMS boundary, which will
be properly demolished or removed prior to mining operations.
The closest residence outside of the USR-DRMS permit boundary is about 36 -feet south of permit
boundary adjacent to Highway 85; the next residence is east of and adjacent to County Road 22,
approximately 35 -feet to the permit boundary; the third residence is 415 feet east of the permit
boundary and approximately 1700 -feet south of County Road 22; the fourth and fifth residences are
500 -feet north of the permit boundary and south of and adjacent to County Road 22; all other
residences are located at a distance of 600 -feet of greater from the proposed mine site.
The Weld County Department of Planning Services sent notice to twenty-seven (27) Surrounding
Property Owners. Planning staff received no written correspondence but did receive a telephone call
of inquiry about the application and the surrounding property owner's ability to have their opinion
heard. Planning staff indicated that written correspondence may be submitted up to and during the
Planning Commissioners hearing and will be inventoried as a part of the official record for the case.
USR20-0030 — LG Everist, Inc.
Ragsdale Reservoirs
Page 8
The applicant has been in contact with the Surrounding Property Owners and conducted face to face
contacts with adjacent property owners through the State permitting process and continues to meet
with area residents.
The Conditions of Approval require that the applicant submit an accepted Emergency Action and
Safety Plan, an accepted Improvements Agreement (for roads and traffic), an accepted CDOT
Access Permit, an accepted Flood Hazard Development Permit. The Noise Abatement Plan and
Dust Abatement Plan have been submitted and reviewed. The Development Standards and
Conditions of Approval 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 within a three (3) mile referral area of two (2) municipalities, the City of Fort Lupton
and Town of Platteville, and is it located within the existing Intergovernmental Agreement Area /
Coordinated Planning Area for each municipality.
The City of Fort Lupton 2018 Comprehensive Plan Future Land Use map identifies lands west of
Colorado Highway 85 as being outside yet adjacent to the existing Corporate Limits in an area defined
as the Mineral Zone. The Fort Lupton Comprehensive Plan states in part "This designation consists
of areas along the South Platte River which include significant mineral resources. Per state law,
surface development is prohibited within these areas until resources have been appropriately
extracted. As a result, this area allows for industrial and agricultural uses to support resource
extraction. Much of this area is contained within either the floodway or floodplains of the South Platte
River, and should be prioritized for preservation. As resources extraction operations come offline, the
City should convert these areas to parks and open spaces."
Lands east of Colorado Highway 85 are within the Future Fort Lupton Planning Area and is defined
as Agricultural and Rural Residential. The Fort Lupton Comprehensive Plan states in part "This
designation allows for agricultural and related uses as well as low density residential on the periphery
of the planning area, intended to preserve a generally rural character. This also includes a variety of
miscellaneous uses, such as isolated industrial businesses and semi -rural properties located under
Estate Zoning. Given the availability of viable land for development in more appropriate districts,
commercial or residential investment within agricultural areas should be discouraged. This will help
limit unnecessary loss of agricultural lands and reduce the potential of suburban sprawl:
The Town of Platteville 2017 Comprehensive Plan Future Land Use Map identifies lands east of
Colorado Highway 85 as within their Planning Area 4 — Environmental Constrained. Planning Area
4 is comprised of the designated one -hundred -year flood plains for the South Platte and St. Frain
rivers, and land east of the Platteville Canal/Ditch that is topographically constrained. " ... the majority
of the Environmental Constrained area is rural in character, with limited services and no planned
extension of municipal infrastructure. These planning areas represent significant value to current and
future residents in terms of open space, trail systems, passive recreation, flood control, water quality
and water supply."
The Town's Three -Mile Plan identifies this area as within "The Agricultural/Holding land use
classification is intended to encourage the sustainability of the regional agricultural and energy
economy, discourage leapfrog development and ensure that land develops in a systematic and cost
conscious manner. Non-agricultural or non -energy uses and densities for this land will be re-
examined if and when urban levels of service can serve the land designated as Agricultural/ Holding.
Prior to annexation, the concept is to allow one dwelling unit per existing parcel."
USR20-0030 — LG Everist, Inc.
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Per the application materials, the applicant is proposing to mine the property retaining the river
corridor for the preservation of vegetation growing near the river, maintain wildlife habitats and wildlife
migration corridors and will enhance water quality by filtering sediment from runoff; protect the
existing river banks from erosion and provide storage of water during flood events. The reclamation
plan approved by the Division of Reclamation Mining Safety will result in several water storage
reservoirs on site and limited agrarian uses.
The City of Fort Lupton and the Town of Platteville were provided with the Notice of Inquiry form by
electronic mail on April 16, 2020. The City of Fort Lupton expressed interest in having discussion
with the primary property owner, Cannon Land Company. Discussions were held on June 18, 2020
between the miner, the property owner and the City and on June 22, 2020 the primary landowner,
Cannon Land Company declined to have the properties annexed into the City.
The Town of Platteville did not return the Notice of Inquiry form to the County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Greeley -Weld County Airport, Geologic Hazard Overlay District or MS4
- Municipal Separate Storm Sewer System Overlay District area. The project site is within a Special
Flood Hazard Area according to the Federal Emergency Management Agency Flood Insurance Rate
Map (FIRM) Community Panel No. 08123C -1915F, revised September 17, 2020. Portions of the
project site lie within Zone AE, which is within the 100 -year floodplain. All structures will be anchored
to protect against flooding and all electrical components will be installed a minimum of 1 foot above
the 100 -year flood elevation.
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 mine site is located on 471.69 acres of Prime (Irrigated) Farmlands of National
Importance, 11.32 acres of Irrigated Land (Not Prime) and 160.29 acres of Other Land per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. Colorado Revised Statutes
provides for the extraction of mineable resources prior to and surface development. Depending
on market demand, six (6) to eight (8) water reservoirs will be created with up to 129 acres
reclaimed for agricultural production.
As stated, the properties of the site contain some "Important Farmlands of Weld County" — irrigated
and non -irritated. However, the property also contains a commercial mineral deposit, which state
statutes say must be protected from development. The Weld County Comprehensive Plan also
protects these lands from uses interfering with extraction of sand and gravel. Mineral extraction will
provide economic revenues for Weld County from the land and will not interfere with the agricultural
productivity of surrounding properties.
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.
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The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated
in the referral response dated October 15, 2020, specific to the water wells not covered under the
court approved augmentation plan if to be utilized as part of the land use permit.. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Colorado Division
of Water Resources)
B. The applicant shall attempt to address the requirements of the City of Fort Lupton, as stated in the
referral response dated October 19, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (City of Fort Lupton)
C. The applicant shall address the requirements of the Platte Valley Irrigation Company, as stated in the
referral response dated October 28, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Platte Valley Irrigation Company)
D. The applicant shall address the requirements of the Kerr-McGee Oil and Gas OnShore, LP, as stated
in the referral response dated October 30, 2020 specifically addressing encroachment on multiple oil
and gas leases and mineral rights. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Kerr-McGee Oil and Gas OnShore, LP)
E. The applicant shall address the requirements of the ARB Midstream, LLC, as stated in the referral
response dated October 30, 2020 specifically addressing the pipeline across PIN 1309-08-0-00-013..
Written evidence of such shall be submitted to the Weld County Department of Planning Services.
(ARB Midstream, LLC)
F. The applicant shall attempt to address the requirements of United Power, as stated in the referral
response dated October 30, 2020. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (United Power)
G. The applicant shall attempt to address the requirements of the Platteville Gilcrest Fire Protection
District, as stated in the referral response dated October 6, 2020. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Platteville Gilcrest Fire Protection
District)
H. The applicant shall address the requirements of Western Midstream LP, as stated in the referral
response dated October 5, 2020 specific to locations of pipeline locations. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Western Midstream LP)
I. A Communication Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
A Lighting Plan shall be submitted for nighttime operations, as applicable, to, and approved by, the
Department of Planning Services. (Department of Planning Services)
K. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
L. An acceptable Final Traffic Impact Analysis, stamped and signed by a Professional Engineer
registered in the State of Colorado, is required. (Department of Public Works)
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M. The applicant shall submit a recorded copy of any agreements signed by all of the owners of the
properties crossed by the proposed accesses. The accesses 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)
N. The applicant shall address the requirements of CDOT specific to a new access permit, as stated in
the referral response dated October 28, 2020. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (CDOT)
O. The property owner, Cannon Land Company, shall submit a written request to vacate SUP -281,
recorded March 1, 1976 via reception number 1682420, as the gas plant is no longer operational on
site.
P. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR2Q-003Q (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, if applicable, in accordance
with the approved Lighting Plan, as 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 the Union Pacific railroad right-of-way. Contact the UPRR for right-of-way widths
and additional requirements. (Department of Planning Services)
9. Show and label the existing and future right-of-way for State Highway 85. Contact the Colorado
Department of Transportation (CDOT) for right-of-way widths and additional requirements.
(Department of Planning Services)
10. County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label 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, City of Fort Lupton)
11. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved location prior
to construction. (Department of Public Works)
12. Show the approved Colorado Department of Transportation (CDOT) access on the site plan and
label with the approved access permit number if applicable. (Department of Public Works)
13. Show and label the approved tracking control on the site plan. (Department of Public Works)
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14. 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)
15. If applicable, show and label a 30 -foot minimum access and utility easement to provide legal
access to the parcel on the site plan. (Department of Public Works)
16. Show and label the drainage flow arrows. (Department of Public Works)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
18. Show and label the easement or rights -of -way for the Platteville Ditch. (Department of Planning
Services)
19. Show and label the easement or rights -of -way for the Platte Valley Irrigation Company.
(Department of Planning Services)
20. Show and label the approved access locations. The applicant must obtain an access permit in
the approved location prior to construction. (Department of Public Works, CDOT)
21. Show and label the accepted tracking control on the site plan. (Department of Public Works)
22. 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)
23. Show and label the drainage flow arrows. (Department of Public Works)
24. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
25. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
26. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of
Planning Services)
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
USR20-0030 — LG Everist, Inc.
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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)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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. (Department of Public Works)
C. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services-
Floodplain)
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 must obtain an access permit in the approved location prior to construction. (Department
of Planning Services)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Cannon Land Company
Platte Valley Irrigation Company
c/o L.O. Everist, Inc.
USR20-0030
Site Specific Development Plan and Use by Special Review for open mining (sand, gravel, stone, topsoil,
overburden and borrow materials) and processing of minerals. Also included are a portable (temporary)
ready -mixed concrete and a hot mix asphalt batch plants, concrete and asphalt recycling, a mine office/scale
house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage; employee and vendor parking and more than two (2) conex containers for storage of products for
plant operations and maintenance outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
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)
All sand and gravel operations shall be conducted during the hours of daylight except in the case of a
declared emergency disaster or in the case of a declaration requiring night construction, 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)
The number of on -site employees shall be up to twenty (20). (Department of Planning Services)
The parking area for mine equipment, vendors and employees on the site shall be maintained. (Department
of Planning Services)
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)
The Property Owner shall maintain compliance with the Communication Plan. (Department of Planning
Services)
The Property Owner shall maintain compliance with the Decommissioning Plan. (Department of Planning
Services)
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)
The property owner or operator shall provide written evidence of an approved Emergency Action and Safety
Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services. (Department of Planning
Services)
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)
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)
There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department
of Public Works)
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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)
The property owner shall comply with all requirements provided in the executed Improvements. (Department
of Public Works)
The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works)
Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public
Works)
Prior to construction, the eastern portion of this site shall install double cattle guards and 100 feet of asphalt
or 300 feet of asphalt. (Department of Public Works)
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way. (Department of Public Works)
The applicant has proposed that the mining area east of State Highway 85 access onto County Road 22
approximately 2,340 feet east of the intersection of County Road 22 and State Highway 85. Applicant shall
obtain an access permit onto County Road 22 for a location west of the Platteville Ditch that meets the
Minimum Spacing Criteria. (Department of Public Works)
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)
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)
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 and the accepted waste handling plan.
(Department of Public Health and Environment)
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 approved dust abatement plan for the site.
(Department of Public Health and Environment)
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)
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 study. (Department of
Public Health and Environment)
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)
Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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The existing well (permit 30833) cannot be used for the business unless it is re -permitted for business use.
(Department of Public Health and Environment)
Sewage disposal for the facility shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to On -Site Wastewater Treatment System
Systems. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with
the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
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)
The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
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)
The operation shall comply withall applicable rules and regulations of the Colorado Division of Reclamation
Mining and Safety. (Department of Public Health and Environment)
The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and
Environment)
The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
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)
A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain
or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map
#08123C -1915F effective date September 17, 2020 (South Platte River Floodplain). Any development shall
comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials. (Department of Planning Services - Floodplain)
FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development
activities, the owner should contact Weld County to determine if the floodplain boundaries have been
modified. (Department of Planning Services - Floodplain)
Should human remains be discovered during mining activities, the requirements under State Law C.R.S. Part
13 apply and must be followed. (Department of Planning Services)
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Lighting shall be maintained in accordance with the accepted Lighting Plan, as applicable. (Department of
Planning Services)
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)
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)
As applicable, if any Single -Family Dwelling is utilized as commercial offices, the use will require a building
permit for a change of use from Single Family Dwelling to Commercial Offices and shall include a complete
code analysis prepared by a registered design professional is required and shall be submitted with All
Commercial Building Permit Applications to Weld County. A Floor Plan shall be submitted showing room
dimensions, uses, along with details showing compliance with Accessibility requirements and currently
adopted building codes. (Department of Building Inspection)
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)
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)
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)
Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant
an extension of time, for good cause shown, upon a written request by the landowner.
A 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.
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
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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.
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 ru ra l 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, 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.
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October 15, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
SHULTS LYNN MAYER
7321 E.88TH AVENUE, SUITE 200
HENDERSON, CO 80640
Subject: USR20-0030 - A Site Specific Development Plan and Use by Special Review Permit for open
mining (sand, gravel, stone, topsoil, overburden and borrow materials) and processing of minerals.
Also included are portable (temporary) concrete and asphalt batch plants, concrete and asphalt
recycling, a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage, employee and vendor parking and more than two (2) conex
containers for storage of products for plant operations and maintenance in the A (Agricultural) Zone
District
On parcel(s) of land described as:
S2NE4/SE4NW4/S2N2NE4/S2NE4NW4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
SW4 & NE4 SECTION 8, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NW4 SECTION 17, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NW4 SECTION 17, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NE4NE4 SECTION 19, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SE4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SW4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
N2NW4NE4 SECTION 19, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL EAST OF RR NE4SE4 SECTION 7, T2N, R66W OF THE 6TH P.M., WELD COUNTY,
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
9, 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.
Page 2 of 2
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,
Kim O
Planner
October 09, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
SHULTS LYNN MAYER
7321 E.88TH AVE STE 200
HENDERSON, CO 80640
Subject: USR20-0030 - A Site Specific Development Plan and Use by Special Review Permit for open
mining (sand, gravel, stone, topsoil, overburden and borrow materials) and processing of minerals.
Also included are portable (temporary) concrete and asphalt batch plants, concrete and asphalt
recycling, a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage, employee and vendor parking and more than two (2) conex
containers for storage of products for plant operations and maintenance in the A (Agricultural) Zone
District
On parcel(s) of land described as:
S2NE4/SE4NW4/S2N2NE4/S2NE4NW4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
SW4 & NE4 SECTION 8, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
16137 NW4 17 2 66 EXC PT LYING E OF PLATTEVILLE DITCH (25RR4R2D) of the 6th P.M., Weld
County, Colorado.
PART NW4 SECTION 17, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
PART NE4NE4 SECTION 19, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SE4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SW4 SECTION 18, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
N2NW4NE4 SECTION 19, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
ALL EAST OF RR NE4SE4 SECTION 7, T2N, R66W 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
23, 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.
Page 2 of 2
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,
Planner
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