HomeMy WebLinkAbout20200630.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0071, FOR OPEN MINING (SAND, GRAVEL AND STONE) AND
PROCESSING OF MINERALS, INCLUDING RECYCLE OPERATIONS FOR
CONCRETE AND ASPHALT. ALSO INCLUDED IS A MINE OFFICE, SCALE HOUSE
AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE GENERATORS,
MOBILE MINING EQUIPMENT PARKING AND STORAGE, AND EMPLOYEE AND
VENDOR PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT - DPG
FARMS, LLC, AND CALVEN GOZA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
February, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DPG Farms, LLC, 3300 S. Parker Rd., Suite 300, Aurora, Colorado
80014, and Calven Goza, 1620 Holly Ave., Greeley, Colorado 80631 for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0071, for open mining (sand,
gravel and stone) and processing of minerals, including recycle operations for concrete and
asphalt. Also included is a mine office, scale house and scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking and storage, and employee and vendor
parking in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the S1/2 S1/2 and N1/2 SE1/4 of Section 1;
and part of the NW1/4 SW1/4, and N1/2 of Section
12, all within Township 5 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by J.C. York, J and T
Consulting Inc., 305 Denver Avenue, Suite D, Fort Lupton, Colorado 80621, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR19-0071) - DPG FARMS, LLC, AND CALVEN GOZA
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1) Section 22-2-10.D states: "Extraction of natural resources is an
important part of the economy of the County. Such extraction
operations should minimize the impacts to agricultural lands and
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
Highway construction industries. The grazing 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
water storage reservoirs.
2) Section 22-5-80.B (CM.Goal 2) states: "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 Cache la Poudre River and north
of the South Platte River corridors. The area is classified as
Floodplain and Valley-fill deposits being water deposited gravel,
sand, silt, and clay along present stream courses and consists of
sands ranging from coarse, gravelly stream sands to fine-grained
wind deposits. The project site is also adjacent to and within
Stream-terrace deposits consisting of older stream deposits
preserved as a bench flanking the present Cache la Poudre stream
course and consists of gravels, relatively clean and sound, and
includes unevaluated aggregates, per the Weld County Sand
Gravel Resources map of 1974.
3) Section 22-5-80.C (CM.Goal 3) states: "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways."The proposed mine may adversely
impact the adjacent land uses, roads, and possibly highways. 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 east of Greeley, adjacent to the
Cache la Poudre River corridor, have several open mining (sand,
gravel, and stone) and processing of minerals, including recycle
operations for concrete and asphalt, and may also include concrete
and asphalt batch plants, permitted under Weld County Land Use
Permit numbers USR-1760 (Varra Companies), AmSUP-345
(Varra Companies current operator), USR14-0023 (Varra
Companies), and USR-1435 (Hall-Irwin, Burnco). Many, if not all, of
these permitted facilities are located near or within the Cache la
Poudre River floodway and floodplain. To address impact to the
area roads, the Department of Public Works is requiring a Road
Maintenance Agreement with Up-front Improvements required for
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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.
4) Section 22-5-80.D (CM.Goal 4) states: "Minimize hazardous
conditions related to mining activities and the mining site." The
proposed permit area is located east of the Weld County Parkway
and near with Cache la Poudre floodplain and floodway. Aggregate
materials within the proposed permit area are composed of stream
and terrace deposits associated with the historic river corridor
drainage system. The terrace deposits within the proposed permit
area extend from the surface or near-surface to a variable depth of
approximately 2.5 to 7.5 feet throughout the site. The gravel deposit
thickness ranges from 50 to 110 feet below the ground surface. The
aggregate material will be recovered using equipment typical for
sand and gravel mining operations. Earth moving equipment may
include, but are not limited to, dozers, loaders, scrapers, and
excavators. The aggregate material from the pit will be temporarily
stockpiled within the pit or transported directly to the processing
facility. 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.
5) Section 22-5-80.E (CM.Goal 5) states: "Provide for timely
reclamation of all mining sites and promote their beneficial reuse."
Following temporary mining disturbances from the proposed DPG
Pit, reclamation will take place concurrently with mining activities.
The current land use on the DPG Pit property is irrigated agriculture
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 Cache la Poudre River.
Most of the land surrounding the proposed permit area has similar
uses of river corridor, gravel mining, and commercial and industrial
business to the north. 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.
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B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S of the Weld County Code provides for a Site
Specific Development Plan and Use by Special Review Permit for
open mining (sand, gravel and stone) and processing of minerals,
including recycle operations for concrete and asphalt. Also included
is a mine office/scale house and scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking and storage;
employee and vendor parking in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
agricultural uses, mining, the river corridor, rural residences, commercial
and industrial development, and uses including the Weld County CNG
fueling station to the south and the Greeley-Weld County Airport to the
north. The closest residence outside of the DRMS Permit boundary is about
50 feet south of Holly Avenue and is party to this permit. This structure may
be utilized as part of the company operations and if the use is other than a
residence a Change of Use Permit will be required through the Department
of Building Inspection. The next closest residence is located approximately
800 feet west of the DRMS Permit boundary west of the Weld County
Parkway, and the next nearest residence is located approximately 900 feet
south of the DRMS Permit boundary. There are multiple USRs within
one (1) mile of the site. As previously stated, there are Land Use Permits
for mining operations, several oil and gas support and service facilities,
guest farm and hunting facility, oil and gas production facilities, the Greeley
Weld County Airport, the State of Colorado Shooting Range, Class II
Injection well, water storage for beneficial use, several feedlots and
construction businesses. The Weld County Department of Planning
Services sent notice to 17 surrounding property owners. Planning staff
received no written correspondence but did receive a telephone call of
inquiry about the application, which was addressed. The location of the
batch plant is to be located near the center of the mine permit area near
the existing improvements associated with the existing ranch house and
outbuildings and, per the associated permit maps, at the terminus of Holly
Avenue. The applicant has been in contact with the surrounding property
owners and conducted a community meeting on January 27, 2020. This
invitation was sent by Certified Mail to 17 surrounding property owners.
There were seven (7) owners present, in addition to the applicant's
(property owners and miner) and their consultant. The application team
provided background and mining information via a PowerPoint
presentation to discuss and show what areas will be mined and reclaimed,
traffic patterns and haul route, ground water modeling and monitor well
locations, dust control and mitigation, noise study, and the location of a
couple of downcast lights, in addition to the existing yard light at the existing
buildings near the center of the property. The Conditions of Approval
require that the applicant submit an Emergency Action and Safety Plan, an
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accepted Noise Abatement Plan, an Improvements Agreement (for roads
and traffic) a Lighting Plan and a Screening Plan. The Conditions of
Approval and 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 23-2-230.6.4—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 the
Town of Kersey and City of Greeley, and is it located within the existing
Intergovernmental Agreement Area and Coordinated Planning Area of the
Town of Kersey. The Town of Kersey 2016 Comprehensive Plan Future
Land Use—Large Scale map identifies this project site as Underdetermined
Use. The Town has defined this category as "these areas are located
outside the Urban Growth Areas. At this time, agriculture and agriculture-
related businesses are the primary land use. It will be some time before
infrastructure can support urban-level development in these areas. Future
land use will be determined in cooperation with the landowners at the time
of development."The City of Greeley is also within the three (3) mile referral
area but does not have an Intergovernmental Agreement or Coordinated
Planning Area agreement with Weld County. The City of Greeley
Comprehensive Plan entitled "Imagine Greeley" was adopted February 6,
2018. The City of Greeley Comprehensive Plan mapping identifies this area
as having land's with known gravel resources, per the undated Gravel
Resources and Mining map prepared May 26, 2016. The City of Greeley
Land Use Guidance map, undated and prepared December 1, 2017,
identifies the project area as open lands and natural area, ideally City
owned per the Map Legend. The City of Greeley, City of Evans, and Town
of Kersey submitted a joint referral dated January 8, 2019, stating that in
2019, Kersey, Evans, and Greeley adopted an Intergovernmental
Agreement (KEG-IGA) related to land use in areas of shared interest,
primarily along the South Platte River corridor. Because the subject site is
located within the Kersey, Evans, and Greeley Cooperative Planning Area,
the municipalities subject to the Intergovernmental Agreement have
elected to provide a coordinated response to relay the collective
perspective of the nearby localities. The agreement is specific to Land Use,
growth boundaries and future annexations between Kersey, Evans and
Greeley and is dated April 9, 2019, and recorded June 5, 2019. The
January letter stated: "The municipalities recognize the right of landowners
to develop, respect the authority of Weld County's jurisdiction regarding the
proposal, and understand the State's interest in natural resource
recovery..." There is additional narrative on the mine location, the
importance of gravel extraction while incorporating efforts to preserve and
restore the ecological value of the river system. The letter identifies several
Land Use plans, the Land Use Guidance Map from the Imagine Greeley
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Comprehensive Plan, the Kersey Comprehensive Plan, and the
Comprehensive Cache la Poudre Greenway Guide directing the
requirement to "pay special attention to the recreational and ecological
worth of the subject site by exploring and incorporating methods to
minimize habitat disruption, maximize recreational opportunity, and
mindfully restore ecological resources." The letter requests the applicant
discuss preservation of open space with Kersey and Greeley staff; provide
findings to Kersey, Evans, and Greeley on the "... ecological, cultural, and
historically significant features of the site and identify preservation efforts
..." consider the KEG-IGA to " ... prohibit the industrial uses, such as batch
plants and outdoor storage within the site; modify the state approved
reclamation plan to primarily include wetlands and small natural-looking
ponds..." and "work with Greeley staff to protect a route and establish an
easement for the future construction of the Poudre Trail and a trail along
the South Platte that are intended to join at the confluence per the 2016
Greeley Parks, Trails and Open Lands Master Plan." Weld County is not
party to the 2019, Kersey, Evans, and Greeley adopted an
Intergovernmental Agreement (KEG-IGA) related to Land Use in areas of
shared interest, primarily along the South Platte River corridor. The
applicant, applicant's consultant and property owner met on January 29,
2020, with representatives with the Town of Kersey and City of Greeley
prior to the Planning Commission hearing to discuss the January 8, 2020,
referral. Discussion between all parties addressed the concerns raised in
the referral, specifically the value of the ongoing stewardship of the land,
the family legacy of managing the resource and the potential for future uses
on the land, including water storage and the potential of extending the
Poudre River Trail out to the confluence of the Cache la Poudre and South
Platte Rivers located to the east of the USR boundary. There was also
discussion about a conservation easement on the land after mining
activities and reclamation of the land. 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 onsite and the longer term leases held for hunting
by interested parties by the property owner.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District or MS4 - Municipal Separate Storm
Sewer System 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. 08123C1561 E, revised
January 20, 2016. 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
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of one (1) foot above the 100-year flood elevation and the Greeley-Weld
County Airport "Airport Layout Plan, Sheet 8 of 21 Airport Airspace
Drawing" dated December 2016, and is identified as within the Airport
Overlay District area. Building Permits issued on the lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve Prime Agricultural Land in the locational decision for the
proposed use. The proposed mine site is located entirely on "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 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DPG Farms, LLC, and Calven Goza, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0071, for open mining (sand,
gravel and stone) and processing of minerals, including recycle operations for concrete and
asphalt. Also included is a mine office, scale house and scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking and storage, and employee and vendor
parking in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated December 13,
2019. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
C. A Screening Plan shall be submitted to, and approved by, the Department
of Planning Services that precludes chain-link fencing with slats and
screens the scale house and outdoor storage areas from the surrounding
property owners and public rights-of-way.
D. An Improvements and Road Maintenance Agreement with up-front, off-site
improvements and triggered off-site improvements are required for this
project. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall include
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provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements.
E. As the existing On-Site Wastewater Treatment System (OWTS) for the
residence (SP-1700268) may be utilized for business use, the OWTS shall
be reviewed by a Colorado registered professional engineer to determine
sizing limitations. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed
use. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
use, the system shall be brought into compliance with current OWTS
regulations or a new OWTS may be installed.
F. The existing domestic well permitted as #30883, shall be re-permitted to
allow for Commercial Use.
G. The applicant shall address the requirements of the Department of Building
Inspection, as stated in the referral response dated January 21, 2020.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
H. The applicant shall submit, in writing, a request to vacate SUP-425.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0071.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the natural material stockpiles or trees
used for screening, in accordance with the approved Screening
Plan.
6) The map shall delineate the on-site lighting for night-time
operations, in accordance with the approved Lighting Plan, if
applicable.
7) 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.
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8) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
9) Holly Avenue is a paved road and is designated on the Weld County
Functional Classification Map as a local road,which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from
the edge of the right-of-way. This road is maintained by Weld
County.
10) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet of right-of-way at full buildout. The
alignment of the road widening project varies along the section line
for the corridor. The applicant shall contact the Department of
Public Works for the location of the existing and future right-of-way
and easements and delineate these on the site plan. This road is
maintained by Weld County.
11) The applicant shall show and label the approved access location.
The applicant must obtain an Access Permit in the approved
location, prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
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17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. The approved off-site improvements described in the Improvements and
Road Maintenance Agreement with Up-front Improvements section and
tracking control shall be constructed prior to on-site construction.
B. If more than one (1) acre is to be disturbed for construction outside of the
gravel mining area, a Weld County Grading Permit will be required.
C. Any construction in the floodplain requires a Floodplain Permit.
5. Prior to Mining Operation:
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. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
B. Accepted construction drawings and construction of the off-site roadway
improvements are required prior to operation.
C. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted to, and accepted by, the
Division of Mining, Reclamation and Safety.
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6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of February, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dirks) aL Mike Freeman, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tern
eputy Clerk to the Board ; ,,,, EXCUSED
Scott K. James
AP ED AS F
��-arbara Kirkm- -
o r/ty ' orney gin
Kevin D. Ross
Date of signature: O3/to/2 •.,..�r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DPG FARMS, LLC, AND CALVEN GOZA
USR19-0071
1. The Site Specific Development Plan and Use by Special Review USR19-0071, is for open
mining (sand, gravel and stone) and processing of minerals, including recycle operations
for concrete and asphalt. Also included is a mine office/scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and
storage, and employee and vendor parking in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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, or to make necessary repairs to equipment. This restriction shall not apply
to operation of administrative and executive offices located on the property.
4. Night operations will only occur when material is requested by cities, counties, or CDOT
for projects. Operations will be considered "night operations" when they take place
between the hours of one hour after sundown to one hour before sunrise. Depending on
the request of the jurisdiction purchasing the material, night operations could occur seven
(7) days a week. When the applicant becomes aware of projects that require night
operations, they will email the Weld County Planning Director to let him/her know about
the plans to operate outside of daylight hours, who the project is for, how long it will be
occurring, and where the materials are being delivered.
5. The number of on-site employees shall be up to 20.
6. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
7. 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.
8. The proposed screening on the site shall be maintained in accordance with the approved
Screening Plan.
9. The property owner shall maintain compliance with the Communication Plan.
10. 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.
11. 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
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representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
12. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
15. 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.
16. The applicant shall comply with all requirements provided in the executed Improvements
and Road Maintenance Agreement with Up-front Improvements.
17. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
22. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code and the accepted waste handling plan.
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 and the
accepted Dust Abatement Plan for the site.
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 of the
Colorado Department of Public Health and Environment, as applicable.
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25. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Study.
26. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from
the facility area in a manner that prevents nuisance conditions.
27. Adequate drinking, handwashing, 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. The existing well (permit #30833) cannot be used for
the business unless it is re-permitted for business use.
28. 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 Systems.
29. 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.
30. 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.
31. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
32. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
33. 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.
34. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
35. The operation shall comply with the Mine Safety and Health Act (MSHA).
36. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
37. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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38. 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-1561E, effective date January 20,
2016 (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.
39. 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.
40. Nighttime lighting shall be oriented 90 degrees to the ground plane.
41. 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.
42. 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, 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.
43. 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.
44. 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.
45. 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
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with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
46. 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.
47. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
48. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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