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HomeMy WebLinkAbout20203320.tiff EXHIBIT BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stifle , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER : USR20-0020 APPLICANT : GUTTERSEN RANCHES , LLC C/O COLORADO SAND COMPANY . LLC PLANNER : MICHAEL HALL REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS ( SAND MINING AND PROCESSING PLANT) IN THE A (AGRICULTURAL ) ZONED DISTRICT . LEGAL DESCRIPTION : ALL OF SECTIONS 5 , 6 , AND 7 . T2N , R63W. AND SECTION 1 . TOGETHER WITH THE N1 /2 AND A PORTION OF THE S1 /2 OF SECTION 12 . T2N . R64W OF THE 6TH P . M . , WELD COUNTY . COLORADO . LOCATION EAST OF AND ADJACENT TO CR 59 ; NORTH OF AND ADJACENT TO CR 22 SECTION LINE RIGHT-OF-WAY . be recommended favorably to the Board of County Commissioners for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code . 2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows : A . Section 23-2 -220 . A . 1 . -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan ] 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 ." Weld County recognizes that mineral resource extraction is an essential industry and supports the regional economy . The availability and reduced cost of local frac sand will have a positive effect on the successfulness of oil and gas operations in Weld County and insulates the industry in the event that interstate supply chains are interrupted . The rangeland associated with the surface estate is underlain with a known viable sand deposit . Future development of these lands would be precluded until the mineral resource has been extracted . With the completion of mining , the site will be reclaimed as rangeland as part of the Guttersen Ranch . No productive agricultural lands or operations will be impacted by the mine . Section 22- 5-80 . B . ( CM . Goal 2 ) states , - Promote the reasonable and orderly development of mineral resources .' According to the Weld County Sand and Gravel Resources map dated July 1 , 1975 , the property is classified as Wind- Deposited Eolian sand dunes that may contain fine-grained sand aggregates . This area has been previously identified to contain the desired material and supports the orderly development of mineral resources . 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 has the potential to impact the adjacent land uses , roads and highways . However, the rural nature of the area and existing surrounding industrial uses make the proposed mining operation and reclamation plan compatible with surrounding area . The Department of Public Works is requiring an Improvements and Road Maintenance Agreement for road maintenance and future improvement triggers . The agreement will detail dust control and damage repair to specified haul routes along County-maintained County Road 59 Additionally,the haul route uses County and Town roads for a brief period before dispersing on Interstate-76 Section 22-5-80 D (CM Policy 4 1 )states, "Require all mining operations conform to federal, state and local safety standards" The Colorado Mined Land Reclamation Board approved the construction materials regular operation mine 112c application for this proposed mine(file number M-2019-058)on June 12,2020 Financial warranty of$4,921,881 has been set for this operation and must be submitted pnor to issuance of the permit and commencement of mining 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, reclamation will take place concurrently with mining activities throughout the life-of-mine, wherein salvageable growth medium will be pre-stripped in advance of mining, to be replaced atop a previously mined area and immediately seeded, on an annual basis Due to the nature of the sand deposit, no overburden is present in the area Approximately twelve(12)inches of growth medium overlies the target sand mineral Limited backfill may occur using material from the process waste stockpile Once the reclamation phase of a pit begins, it shall be completed within a five(5)period with ongoing maintenance and monitoring Upon complete cessation of mining activities,the terminal pit and waste stockpile will be reclaimed At that time, all structures and other appurtenant facilities will be concurrently demolished and/or removed from the site and the respective affected areas reclaimed accordingly Post-mining topography of the site aims to reflect that of the pre-mining topography,except all mined-out areas will be lowered,by as much as twenty-five(25)to thirty(30)feet on average across the pit areas,generally reflective of the varying vertical extent of sand resource extracted Following requisite pit reclamation and re- vegetation, cattle will be reintroduced to the area Section 22-5-80 E 1 (CM Policy 5 1) of the Weld County Code states "Consider the potentially adverse environmental effects of completed mining operations" The application indicates that the mined area will be reclaimed back to its existing condition (rangeland) upon completion of mining No adverse environmental effects are anticipated The referral response from the Colorado Parks and Wildlife, dated September 15, 2020 provides recommendations on how to manage the site with respect to the environment and animals dunng mining and reclamation phases B Section 23-2-220 A 2 --The proposed use is consistent with the intent of the A(Agricultural)Zone District Section 23-3-10 —Intent,of the Weld County Code states,"Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County 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"This code section allows the applicant to apply for a Use by Special Review permit for the subject mine, which is directly related to natural resource extraction and is more intense than Uses Allowed by Right Section 23-3-40 S —Uses by special review, of the Weld County Code states, "Open Mining and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter"This code section allows the applicant to apply for the open pit mine and processing plant All the components of the facility will support this request including select Accessory Uses allowed in the A(Agricultural)Zone District per Section 23-3-30 of the Weld County Code,specifically, offices, structures, signage and outdoor storage areas Although not requested in the application materials, the applicant may also elect to locate up to five (5) cargo containers on each of the five (5) legal parcels which comprise this application,subject to obtaining proper permits from the Department of Building Inspection C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The adjacent lands are zoned A(Agricultural)and consist of rangeland,farmland,vacant land, rural residential uses, industrial uses and ongoing oil and gas activity The proposed mine will be located in the southern portion of the Guttersen Ranch and is primarily bordered by land also owned by the Ranch The closest residence is approximately 3,800 feet to the southwest from the proposed mine perimeter USR-1562 for the Cedar Creek 230 kV Transmission Line bisects the subject parcels in an east-west orientation, however, is located outside of mine pits There are also Public Service Company overhead lines located in the same corridor The proposed mining area does not overlap with any other existing USRs There are other nearby industrial activities including USR-966 for a landfill (Waste Management - Buffalo Ridge), USR-1285 for a compost facility (A-1 Organics - Rattler Ridge), USR-1160 for a coal mine and disposal facility(Coors Energy), USR-987 for an oil and gas production facility (DCP Midstream), USR-959 for a compressor station, USR-1013 for a 265-foot telecommunication tower, MUSR14-0033 for a mineral resource development facility and crude oil transloading facility and various industrial operations located within the Town of Keenesburg municipal limits, south of the site The Weld County Department of Planning Services sent notice to six(6)surrounding property owners within 500 feet of the proposed USR boundary No responses were received The applicant has Structure Agreements in varying stages of progress with four(4)of these six(6)surrounding property owners The applicant has indicated that community meetings will be scheduled with surrounding property owners,especially with those with residential properties to discuss any potential nuisance conditions that may arise, on an on-going basis Due to the similar industnal surrounding land uses and relatively limited adjacent property ownership, the facility appears to be compatible with the area Furthermore,the applicant, Colorado Sand Company, conducted a temporary and limited frac sand mine and processing operation located on an adjacent parcel of land in the Southwest Quarter of Section 12, Township 2 North, Range 64 West, owned by Guttersen Ranches and located east of and adjacent to County Road 59 This parcel is not within the proposed USR boundary The pilot project was known as the Keenesburg No 1 Mine and occupied approximately ten (10) acres, including the mine pit and processing plant structures The pilot project agreement was between the Colorado Sand Company and the Weld County Departments of Planning Services and Public Works The agreement permitted ninety(90)days to actively operate a small-scale sand mine and plant in order to complete a single"Effective Production Cycle"defined as beginning at the commencement of drying operations, not including site and material preparation Similar to the proposed USR, the pilot plant was permitted to operate twenty-four (24) hours per day, seven (7) days per week and operated in the same manner as the proposed USR, albeit a much smaller scale The purpose of the pilot was to evaluate the quality and specification of material and the feasibility for developing a larger, commercially viable operation The sand product was tested by numerous oil and gas drillers and received favorable ratings and sound well productivity according to the applicant The pilot project, was carried out according to the terms of the executed Weld County pilot agreement, effective July 12, 2019 and was accompanied by an approved Colorado DRMS 110c permit, number M-2019-027, issued July 12, 2019 Other applicable permits were obtained as necessary including a Weld County Grading Permit GRD19-0033,Access Permit AP19-00232 and building permits, and Colorado CDPHE Air Permits and Stormwater Discharge Certificate Consistent with the terms of the pilot agreement, the plant was constructed in July and August of 2019,the Run of Mine material was stockpiled in September and October of 2019 The ninety(90) day operational cycle began in late October of 2019 The applicant documented days when the plant was in operation Days when the plant was shut down or had mechanical issues were not counted towards the ninety (90) days Sand was sold throughout the pilot period The wet plant was shut down in late February of 2019 and the dry plant was shut down in mid-March of 2019 Since that time, the applicant has begun reclamation of the site As of October 7, 2020, the pilot site has completed most of the initial reclamation,with the exception of remaining topsoil to be spread around the site and one(1)of the steel-framed,canvas-covered sand storage structures will remain per the property owners request During the pilot project, no complaints were received by surrounding property owners and the CSC appeared to act in good faith by abiding by the pilot agreement This recent project demonstrated that sand mining activity in the area can be a conducted successfully and without notable disturbance to the adjacent properties D Section 23-2-220 A 4 -- That the uses which would 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 this Code or master plans of affected municipalities This site is located within the three (3) mile referral radius of the Town of Keenesburg No referral response was received from Keenesburg The site is located within the Coordinated Planning Agreement (CPA) boundary with the Town of Keenesburg,effective September 24,2014 The Keenesburg 2019 Land Use Plan identifies this area for"Industrial"uses The proposed USR permit is industrial in nature does not conflict with the Town's Land Use Plan Keenesburg returned signed Notice of Inquiry(NOI)form dated September 10, 2019,which stated they do not want to annex these parcels at this time E Section 23-2-220 A 5 --That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county The proposed plant and mine is not located within a regulatory floodplain,Municipal Separate Storm Sewer System(MS4)area,Greeley-Weld County Airport Overlay District,Geologic Hazard Overlay District or Historic Townsite Overlay District Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The site is designated as"Other Land"per the 1979 Soil Conservation Service Important Farmlands of Weld County Map The proposed USR will not remove any agricultural land from production Upon decommissioning of the facility, the remnant mine pit depressions, pit perimeter diversions and berms, plant facilities,structures and any other disturbed areas will be reclaimed as necessary and return to rangeland and native prairie lands with attendant oil and gas activity The future land use will be for cattle grazing Water storage is not part of the Reclamation Plan and there will be no underground mine openings or slurry walls 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 The Colorado Division of Water Resources, Colorado Public Health and Environment,Weld County Public Health and Environment,Weld County Public Works referrals provide additional background and advisory information regarding designing and operating the site to protect with the interests of the County,public and other governmental agencies Additionally,the accepted and/or forthcoming Noise Report,Reclamation Plan,Communication Plan,Lighting Plan,Sign Plan, Landscape and Screening Plan,Emergency Action Plan,Dust Abatement Plan and Waste Handling Plan will assist in mitigating impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region H Section 23-4-260 -- Additional requirements for open mining have been addressed through this application and mining-specific Development Standards will ensure compliance with Section 23-4- 290 and Section 23-4-300 of the Weld County Code This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall demonstrate a final water supply plan and an explanation of secured water sources for both potable and non-potable water demand, including for use in the wet plant per Section 23-4-280 of the Weld County Code Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) B The applicant shall attempt to address the requirements of Kerr McGee Gathering, as stated in the referral response dated September 14, 2020 regarding the need to consult with Kerr McGee regarding any pipeline crossings Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) C The applicant shall attempt to address the requirements of DCP Midstream Partners,as stated in the referral response dated September 15, 2020 regarding the need to develop a plan to address mitigation and prevention measures for energy infrastructure in consultation with DCP and other operators to ensure safety within the mined area Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) D The applicant shall address the requirements of Colorado Parks and Wildlife,as stated in the referral response dated September 15, 2020 regarding the need for proper weed and re-vegetation management and wildlife friendly pit and reclamation design Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) E The applicant shall address the requirements of Colorado Division of Water Resources,as stated in the referral response dated August 27,2020 regarding demonstrating adequate water supply for the proposed operation and storm water detention and runoff Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall address the requirements of Weld County Oil and Gas Energy Department, as stated in the referral response dated September 9, 2020 regarding the need to coordinate mining operations with oil and gas operators and to identify subsurface infrastructure prior to mine excavation Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) G The applicant shall address the requirements of Colorado Department of Public Health and Environment, as stated in the referral response dated August 19,2020 regarding compliance with a variety of State requirements Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) H The applicant shall submit a Communications Plan to the Department of Planning Services for review and acceptance The Communications Plan shall address ongoing communication processes with area property owners (Department of Planning Services) I . The applicant shall submit an updated Lighting Plan to the Department of Planning Services for review and acceptance . The Plan shall include detail on how any building , equipment or pole- mounted lights will be downcast and shielded . ( Department of Planning Services) J . 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) K . A final drainage management submittal is required . (Department of Public Works) L . The map shall be amended to delineate the following : 1 ) All sheets of the map shall be labeled USR20- 0020 . ( Department of Planning Services) 2 ) The attached Development Standards . ( Department of Planning Services) 3) The map shall be prepared per Section 23-2-260 . D and Section 23-4-270 of the Weld County Code . ( Department of Planning Services) 4) Show and label the portion of Section 12 , Township 2 North : Range 64 West as " Not a Part" , which has been excepted out of the subject parcels to be mined , by deed , recorded July 16 , 2020 , reception number 4609484 . ( Department of Planning Services) 5) Show and label the boundary of the DRMS permit with a heavy line type . Notate the acreage included within the DRMS permit boundary . ( Department of Planning Services) 6) Show and label the processing plant , site layout , equipment and fuel tanks . A detailed drawing of this area shall be provided . ( Department of Planning Services) 7) Show and label any outdoor storage area , accessory to the mining operation . ( Department of Planning Services) 8) Show and label any office , buildings and structures , accessory to the mining operation . ( Department of Planning Services) 9) Show and label the Ennis Draw , water wells and water pipelines , oil and gas production facilities , infrastructure and appurtenances . ( Department of Planning Services) 10) Show and label any cargo containers and/or areas designated to contain cargo-containers , if applicable . A maximum of five ( 5 ) containers is permitted per parcel . ( Department of Planning Services) 11 ) Show and label the location of the employee and visitor parking areas and loading zones including scales . Refer to Section 23-2-240 . A . 6 . and Chapter 23 , Article IV, Division 1 of the Weld County Code . ( Department of Planning Services) 12 ) Show and label the location of any buffering , screening , fencing and gates . Include specification details on the USR map . Refer to Section 23-2-240 .A . 10 . of the Weld County Code ( Department of Planning Services) 13) Show and label the location of the emergency and site identification signage . Include specification details on the USR map . Refer to Section 23-2-240 . A . 12 , Chapter 23 , Article IV, Division 2 , and Appendices 23 - C , 23- D and 23 - E of the Weld County Code . Signs shall adhere to the Weld County unless otherwise permitted by this USR . ( Department of Planning Services) 14) Show and label the location of the trash collection areas . Include specification details on the USR map . Refer to Section 23-2-240 .A . 13 . of the Weld County Code . ( Department of Planning Services) 15 ) Show and label any lighting . All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties . Include specification details on the USR map . Refer to Section 23-2-250 . D . of the Weld County Code . ( Department of Planning Services) 16) Show and label the setback radiuses for existing oil and gas tank batteries and wellheads , if applicable . Setback requirements are located in Section 23- 3-70 . E . of the Weld County Code . ( Department of Planning Services) 17) Show and label all recorded easements and rights-of-way on the map by book and page number or reception number and recording date . ( Department of Planning Services) 18) The section of County Road 59 , beginning at approximately 5 , 160 feet north of the intersection of County Road 59 and County Road 20 and heading south to County Road 18 , 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) 19) The section of County Road 59 Section Line , beginning at approximately 5 , 160 feet north of the intersection of County Road 59 and County Road 20 and heading north , is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map . The applicant shall delineate the existing right-of-way on the site plan . Show and label the section line Right- of- Way as - CR 59 Section Line Right- Of-Way , not County maintained ." All setbacks shall be measured from the edge of right-of-way . ( Department of Public Works) 20) Show and label the approved access location onto County Road 59 . The applicant must obtain an access permit in the approved location prior to construction . ( Department of Public Works) 21 ) Show and label the approved 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) It 24) Show and label the drainage flow arrows . ( Department of Public Works) 25) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property . ( Department of Public Works) 2 . Upon completion of Condition of Approval # 1 above , the applicant shall submit one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of Planning Services . Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services . The map shall be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld County Code . The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120 ) days from the date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying the recording fee . ( Department of Planning Services) 3 In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution,a$50 00 recording continuance charge shall 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) 5 Prior to Operation and Mining A The applicant shall submit written evidence that the Financial and Performance warranty has been submitted and accepted by the Division of Reclamation Mining and Safety The resultant DRMS permit shall be submitted (Department of Planning Services) B The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency Management and the Southeast Weld Fire Protection 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 Weld County Department of Planning Services (Department of Planning Services) C Accepted construction drawings and construction of the off-site roadway improvements are required prior to operation (Department of Public Works) 6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur,nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) Motion seconded by Sam Gluck VOTE For Passage Against Passage Abstain Absent Tom Cope Gene Stifle Lonnie Ford Elijah Hatch Skip Holland Dwaine Barclay Sam Gluck Butch White Troy Mellon The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 20, 2020 Dated the 20th of October, 2020 45V..661 &lati4/1. Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Guttersen Ranches, LLC Colorado Sand Company, LLC USR20-0020 1 A Site Specific Development Plan and Use by Special Review Permit, USR20-0020 for Open Mining and Processing of Minerals(Sand Mining and Processing Plant)and associated signage exceeding the Weld County Sign Code standards,outside of subdivisions and historic townsites,in the A(Agricultural) Zoned District, known as the Keenesburg No 2 Mine, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and Reclamation policies (Department of Planning Services) 4 The mine shall remain in compliance with the approved Division of Reclamation, Mining and Safety 112c permit, number M-2019-058 (Department of Planning Services) 5 Future mining in the areas designated as "Temporary Mining Deferral Zones" on the site plan shall require an amendment to the Use by Special Review permit and a Technical Revision to the Division of Reclamation, Mining and Safety 112c permit (Department of Planning Services) 6 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) 7 Mining shall be permitted during daylight hours only except in the case of public or private emergency, or to make necessary repairs to equipment Plant operations, processing, offices and repair facilities may operate twenty-four(24) hours per day, without restriction per Board of County Commissioners approval The facility may operate seven (7) days per week, year-round (Department of Planning Services) 8 The parking areas for mine equipment, vendors and employees on the site shall be maintained (Department of Planning Services) 9 The operator shall maintain compliance with the accepted Sign Plan All signs shall adhere to Section 23-2-240 A 12, Chapter 23,Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 10 The operator shall maintain compliance with the accepted Communication Plan (Department of Planning Services) 11 The operator shall maintain compliance with the accepted Decommissioning Plan (Department of Planning Services) 12 The operator shall maintain compliance with the accepted Lighting Plan,as applicable (Department of Planning Services) 13 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan 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) 14 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 of the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 15 Should human remains be discovered during mining activities, C R S Part 13 applies and must be followed (Department of Planning Services) 16 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) 17 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) 18 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) 19 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 (Department of Public Health and Environment) 20 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) 21 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise report (Department of Public Health and Environment) 22 The operation shall remove, handle, and stockpile overburden and sand from the facility in a manner that prevents nuisance conditions (Department of Public Health and Environment) 23 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times Any On-Site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On-Site Wastewater Treatment Systems A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Department of Public Health and Environment) 24 Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County,contain hand sanitizers and be screened from existing adjacent residential properties and public rights-of-way (Department of Public Health and Environment) 25 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) 26 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) 27 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations (Department of Public Health and Environment) 28 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) 29 Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for proper disposal Records of installation, maintenance, and proper disposal shall be retained (Department of Public Health and Environment) 30 The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety (Department of Public Health and Environment) 31 The operation shall comply with the Mine Safety and Health Act(MSHA) (Department of Public Health and Environment) 32 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 33 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) 34 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) 35 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) 36 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized (Department of Public Works) 37 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) 38 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Department of Public Works) 39 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Department of Public Works) 40 Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County (Department of Public Works) 41 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 42 Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 43 Building permits shall be required for any new construction(buildings and/or structures)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 Chapter 29 of the Weld County Code,and the adopted codes at the time of permit application Currently, the following have been adopted by Weld County 2018 International Building Codes,2006 International Energy Conservation Code,2017 National Electrical Code (Department of Building Inspection) 44 A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection (Department of Building Inspection) 45 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, room uses, along with details showing compliance with Accessibility requirements and currently adopted building codes (Department of Building Inspection) 46 All new Commercial Building Projects require Fire District Notification(letter or email form) Proof shall be submitted with Commercial Permit applications Final Fire District Approval is also required prior to issuing a Certificate of Occupancy (Department of Building Inspection) 47 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 48 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 49 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners 50 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b)the populous counties of the state face a critical shortage of such deposits,and(c)such deposits should be extracted according to a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 51 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States,typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views,spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,silage and manure,smoke from ditch burning,flies and mosquitoes,hunting and trapping activities,shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102,C R S ,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way"of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County,and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,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 • EXHIBIT PL Wakikth SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING $ -F) 6R_. j —.a • Tuesday . October 20 . 2020 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 0 Street , Greeley . Colorado This meeting was called to order by Chair . Elijah Hatch , at 12 : 30 pm Roll Call . Present : Gene Stille , Tom Cope . Elijah Hatch . Skip Holland , Dwaine Barclay , Sam Gluck , Butch White . Troy Mellon . Absent : Lonnie Ford . Also Present : Michael Hall , Angela Snyder and Tom Parko , Department of Planning Services . Lauren Light , Department of Health ; Melissa King . Department of Public Works , Bob Choate . County Attorney , and Kris Ranslem , Secretary . CASE NUMBER USR20-0020 APPLICANT GUTTERSEN RANCHES LLC CIO COLORADO SAND COMPANY LLC PLANNER MICHAEL HALL REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS ( SAND MINING AND PROCESSING PLANT ) IN THE A (AGRICULTURAL ) ZONED DISTRICT LEGAL DESCRIPTION ALL OF SECTIONS 5 6 AND 7 , T2N R63W, AND SECTION 1 . TOGETHER WITH THE N1 /2 AND A PORTION OF THE S1 /2 OF SECTION 12 . T2N R64W OF THE 6TH P M WELD COUNTY . COLORADO LOCATION EAST OF AND ADJACENT TO CR 59 NORTH OF AND ADJACENT TO CR 22 SECTION LINE RIGHT-OF -WAY Michael Hall , Planning Services , presented Case USR20-0020 , reading the recommendation and comments into the record Mr Hall noted Colorado Sand Company has already conducted a temporary and limited frac sand mine and processing operation located on an adjacent parcel of land This pilot project was known as the Keenesburg # 1 Mine and occupied approximately 10 acres including the mine pit and the processing plant structures The purpose of the pilot was to evaluate the quality of material and the feasibility of developing a larger . commercial , viable operation . which is what is being heard today . The sand product was tested by numerous oil and gas drillers and received favorable ratings and sound well productivity according to the applicant . The pilot project was carried out according to the terms of the executed Weld County Pilot Agreement effective July 12 . 2019 and was accompanied by an approved Colorado DRMS 110C Permit . This pilot mine operated from October 2019 to March 2020 and during the pilot project no complaints were received from surrounding property owners . Mr . Hall stated that construction of the proposed Keenesburg #2 facility is expected to take eight ( 8) months with approximately 100 personnel continuously onsite during this time . Once fully operating , the proposed life of the mine will be 20 years with 1700 acres , of the encumbered 2920 acres , being mined . Overall , the mine will generate four (4 ) million tons of product per year . In -pit mining operations will be conducted during daylight hours year- round . The sand processing operations . including wet plant , dry plant and load out . will be conducted 24 hours per day . year- round The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards . Melissa King . Public Works . reported on the existing traffic . access to the site and drainage conditions for the site . An Improvements and Road Maintenance Agreement for dust control , damage repairs to specified haul routes . triggered and upfront possible off-site improvements will be required . Subsequent to the drafting of the Resolution , the applicant submitted an acceptable drainage narrative stating that the site meets the drainage exception . therefore , Ms King requested the deletion of Condition of Approval 1 . K and the map requirement under Condition of Approval 1 L . 23 . 1 Commissioner Holland referred to the average daily traffic of 1367 trips and added that it essentially is doubled with up to 2300 expected trips Mr Holland said that sounds like a major impact to that roadway Ms King said that County Road 59 is an arterial road, which is designed to take up to 7000 vehicles per day Additionally, the improvements and Road Maintenance Agreement that would be negotiated would take into consideration any kind of accel/decel lanes that might be needed or turn lanes associated with the intersection at Market Street and County Road 18 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan Additionally, she reported on the fuel storage and noise standards David Patterson, 2001 Kirby Drive, Houston, Texas, stated that the Colorado Sand Company is part of a broader family of companies called Capital Sand In addition to frac sand, there are a number of other operations in industrial sand, such as golf courses, aggregate and other material moving and handling businesses Mr Patterson stated that they are the frac sand oil and gas segment of that set of operations He added that there are currently no in-basin frac sand facilities in Colorado A few years ago,the operators discovered that sand can be used to frac that is not of the same quality as they had been using previously from locations in Wisconsin and Illinois and that the local sand was adequate for their operations Therefore, there was a rapid build-out of sand facilities that were as close as possible to the operations He said that has taken off all around the country except for Colorado Sand is a major component of the cost of the well of a frac and when railing sand from 1300 miles away they are at the mercy of the rail companies and they don't budge on cost and there are interruptions to supply Mr Patterson said that this proposed site is centrally located, and the average haul would be 15 to 20 miles to the wellhead He added that they ran a pilot operation to test the sand and operated it for about 6 months and supplied test volumes to customers So not the operators have been producing those wells for about a year and across the board it has been successful Scott Jinks, 418 CR 347, Jackson, Missouri, provided an overview of how the processing plant and flow of the facility will operate Commissioner Stile asked if the sand is the same size and composition from Wisconsin Mr Jinks said it is the same size Mr Stille said that with all the oil and gas in the state it is nice to have frac sand around here Commissioner Cope referred to the 117-acre area for final plant waste pile and asked what the waste pile is used for or how it will be disposed of Mr Jinks said that it is sand that is oversized and it is also the cake from the filter presses from the wastewater treatment facility He added that it is basically dirt and it will be used as a final reclamation feature Commissioner Hatch asked if the final prepared sand stored in hoppers and silos or will it be in portable containerized systems Mr Jinks said that there will be an enclosed dry sand storage building on site Commissioner Barclay expressed concern with the traffic as he is very familiar with that area He added that between County Road 59 and the stop sign at 1-76 Frontage Road there is construction of a mini-mall in addition to completing a base regarding a new development for homes coming off of County Road 18 Mr Barclay said that now with doubling that traffic, putting more commercial buildings at the stop sign and now a group of homes he is concerned with traffic and is not sure how that will work Ms King said that the area associated with Market Street is in Keenesburg and the applicant has been directed to contact them with their traffic information The area of County Road 59 down to County Road 18 to that stop sign, Ms King stated that Public Works recently put in a new stop sign at that point and one of the things the Improvements and Road Maintenance Agreement would do would be to determine if a traffic signal might be needed there or other improvements that would not reduce the quality of that intersection Mr Hall noted that County Road 18 is located in unincorporated Weld County and Public Works has authority over that He added that Market Street, although annexed into Keenesburg, is under CDOT maintenance Therefore, the Improvements Agreement would stop at County Road 18 and then going down Market Street would be up to the applicant to coordinate with CDOT Mr Hall noted that both CDOT and Keenesburg unfortunately did not respond to this referral 2 The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Commissioner Cope referred to the 24/7 operations and asked if transportation off site will require 24/7 operations as well Mr Jinks said that it will need to be 24/7 to facilitate the 24/7 operations of oil and gas The Chair referred to the request from Staff for the deletion of Condition of Approval 1 K and 1 L 23 Motion Delete Conditions of Approval 1 K and 1 L 23, Moved by Troy Mellon, Seconded by Tom Cope Motion carried unanimously Commissioner Cope said that he doesn't have a problem with the plant working 24/7, however, he is concerned with the mining operations because of the potential noise and more concerned with the traffic running through the town 24/7 He would prefer to see some additional storage or something that would allow the applicant to keep working the plants but not to have traffic running 24/7 Commissioner Barclay added that at the turn to go left onto 1-76 there is a Weld County School District RE-3J bus facility where busses come out in the mornings as well He stated that he doesn't believe this road is conducive for what it can take Commissioner Gluck said that he realizes it is an inconvenience but part of the success of this County is oil and gas, as is agricultural He lives on an arterial road as well so 24/7 he gets the benefit of having oil and gas and agricultural traffic in his back yard Commissioner Barclay said that once the improvements are done to make it work and viable then move forward with the operation Tim McCarthy,Schedio Group,1415 Washington Avenue,Golden,CO,stated that he has been the program manager for this project He added that they have met with the Town of Keenesburg several times throughout this process and everyone is aware that intersection is a potential issue He further added that he is aware of the developments that Mr Barclay mentioned and right now CDOT had jurisdiction of Market Street and Keenesburg is looking to gain jurisdiction of Market Street so there is some type of transaction going on there Mr McCarthy stated that they are aware that something needs to happen there and so they have been working with Public Works and Waste Management because they have control over the private portion of County Road 59 and so it has been very complicated He added that they are all working together the best they can Commissioner Hatch asked for an estimate of traffic and times of day Mr Patterson said that based on the pilot plant there has been no discernable difference on a weekly basis and so it was fairly even and unpredictable and is driven by the operation of the wellhead Commissioner Cope asked how many vehicles were going out with the pilot plant Mr Patterson said that it was hit or miss but some days it was 200 trucks per day maximum Mr Cope said that the pilot was for the operations and the development of the sand, not the running of 1050 trucks per day and said that there is a bigger impact with this He added that this needs to be considered at the County Commissioner hearing The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR20-0020 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stile, Seconded by Sam Gluck Vote Motion passed (summary Yes=7, No= 0,Abstain= 1) Yes Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon Abstain Dwaine Barclay Commissioner Mellon is concerned with the traffic situation and suggested that the County Commissioners look at this Commissioner Barclay abstained as he has too many family members that live in the area and didn't feel it would be fair to the applicant 3 Commissioner Holland agrees with the activities that Public Works is trying to work with and resolve some of these traffic issues Commissioner Cope said that he is concerned with the traffic and that it needs to be resolved as well as the potential of 24-hour traffic through 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