HomeMy WebLinkAbout20191070.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0105, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING OPEN PIT MINING (OVERBURDEN, SAND, GRAVEL AND STONE) AND
MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT -
HUNT WATER, LLC
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 27th day of
March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Hunt Water, LLC, 14460 CR 40, Platteville, Colorado 80651, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0105, for a Mineral Resource
Development Facility including Open Pit Mining (overburden, sand, gravel and stone) and
materials processing in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the SE1/4 of Section 6, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Andrew Rodriguez, 323 5th
Street, Frederick, Colorado 80530, 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 23-2-230.6 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 ordinances in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and sustainability
of agriculture." Following mining, the reclaimed land use will result
in two (2) reservoir basins totaling 64.60+/- surface acres to be
utilized for agricultural and/or industrial uses.
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2) Section 22-4-30.B (WA.Goal 2) states: "Strive to maintain and
protect water supply storage facilities, conveyances and
infrastructure adequate to sustain continued water use" and
Section 22-4-30.6.1 (WA. Policy 2.1) states: "Land use regulations
should protect the historic and future operational viability of water
storage, conveyance and delivery infrastructure when applications
for proposed land use changes are considered." Following mining
disturbances, the reclaimed land use will result in two (2) reservoir
basins totaling 64.6+/- surface acres. The water from the reservoirs
can be made available for either urban or agricultural uses, but the
basins alone are essential to providing a means to store and
manage available waters. Lands not otherwise occupied will be
later developed to the highest possible end use and will likely
comprise a mixed use, which may include other agricultural uses,
as well as light residential, commercial, or industrial uses.
3) Section 22-5-80.6 (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 Upland Deposits having alluvium
deposits of gravel, sand, silt and clay. The application materials
indicated that this property has limited overburden and that
extraction activities will remove aggregate to a mean depth of
39 feet from the natural grade of the surface.
4) Section 22-5-80.D.1 (CM.Policy 4.1) states, in part: "Require all
mining operations conform to federal, state and local environmental
standards."The extraction of the resource will commence on lands
in the north and move in a southerly direction across the site. As
stated in the application, there will be dry screened or no processing
of materials on this property. Two (2) single-family residences are
near the extraction limits, one (1) to the west, and one (1) to the
east. Per the applicant's narrative, unless closer distances are
agreed to, extraction limits are kept no closer than 125 feet from
any residential structure. The applicant proposes to utilize
trucked -in water for dust suppression and abatement and will cease
operations during high wind events. The applicant also has a State
of Colorado Division of Reclamation Mining, and Safety (DRMS),
Permit No. M2018-027, conditionally approved on November 28,
2018.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for Mineral Resource Development including Open Pit
Mining (overburden, sand, gravel and stone) and materials processing in
the A (Agricultural) Zone District.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The area is comprised of irrigated
and non -irrigated agricultural lands. One (1) mile to the north is an oil and
gas support and service facility for the storage of pipeline and equipment
(USR-1662); approximately one-half (0.5) mile to the west is a wood
mulching operation (USR-798). The property is bisected by U.S. Highway
85 and the Union Pacific Railroad main line track. The relatively rural nature
of the area and the current and proposed mining operations make this
proposed mining operation and reclamation plan compatible with
surrounding land uses. The Weld County Department of Planning Services
sent notice to eight (8) Surrounding Property Owners. Planning staff
received no correspondence from property owners within 500 feet of the
parent parcel. There is one (1) residence located west of the proposed
mine, west of County Road 25.5. This house is abandoned and posted
with a 'No Trespassing' sign. There are thirty-five (35) residences located
within one (1) mile of the proposed mine site. The Department of Planning
Services has received no correspondence concerning this Land Use
application.
D. Section 23-2-230.B.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 Towns of Gilcrest, Milliken, and Platteville are within the
three (3) mile referral area of the project site. The Town of Gilcrest did not
return a referral response indicating a conflict with their interests. The Town
of Milliken returned a Notice of Inquiry dated August 15, 2018, indicating
they did not want to annex the property at this time, they did not respond
to the USR referral request. The Town of Platteville returned a Notice of
Inquiry dated August 21, 2018, and followed up with a letter received
October 19, 2018, stating "We have reviewed the information submitted
regarding the application for a gravel mining operation between CR 25.5
and State Highway 60 and north of CR 36. The site is located within the
Town's three (3) mile Area Plan and the Urban Growth Area of the
Comprehensive Plan. Specifically, the site is designated as Developing
Urban, which means the Town has identified this area for future urban
development. The Town is not interested in annexation at this time but
supports the gravel mining plant that leaves the area adjacent to State
Highway 60 available for future development." The proposed permit area
currently consists of irrigated lands under a center pivot and, in general,
the surrounding property is primarily irrigated and non -irrigated agricultural
lands.
E. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposed mine is not located within a
regulatory floodplain, a MS4, a Geologic Hazard or Airport Overlay Areas.
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Building Permits issued 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 property to be mined contains approximately 74.89 acres of
"Prime," agricultural lands and approximately 16.36 acres of "Irrigated
Lands, Not Prime," and approximately 47.85 acres of "Other Lands." The
Prime and Irrigated Land, Not Prime agricultural lands do not have irrigation
water, therefore, no irrigated agricultural land will be taken out of production
with this proposal. The land is presently vacant with limited physical
improvements.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open -mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Hunt Water, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0105, for a Mineral Resource Development Facility
including Open Pit Mining (overburden, sand, gravel and stone) and materials processing 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0105.
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) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
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5) County Road 25.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
7) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved Access Permit number, if applicable.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) 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.
10) The applicant shall show and label drainage arrows.
11) 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.
12) The map shall delineate the parking area for the vendors,
customers and/or employees.
13) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date.
14) 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. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
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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. 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.
3. The Special Review 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.
4. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review Map prior to recording. The
completed map shall be delivered to the Weld County Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County
Commissioners.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:%
64,
Weld County Clerk to the Board
BY:
Deputy Clerk t: the Board
D AS TO -F
ounty • ttorney
Date of signature: 9019
Barbara Kirkmeyer, 6- air _
Mike Freeman, P o-Tem
Steve Moreno
Conway
tt K. James
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HUNT WATER, LLC
USR18-0105
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0105, is for
Mineral Resource Development including Open Pit Mining (overburden, sand, gravel and
stone) and Materials Processing in the A (Agricultural) Zone District, as indicated in the
application materials on file and 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. The property owner acknowledges the recommendations contained in the Planning and
Environmental Linkages (PEL) study and the Highway 85 Access Management Plan for
the U.S. Highway 85 Corridor, specifically precluding any new direct accesses to
U.S. Highway 85, and including the eventual closure of access from County Road 36 to
U.S. Highway 85.
4. 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.
5. 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.
6. 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.
7. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
8. 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.
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that prevents nuisance conditions.
10. 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 and shall contain hand sanitizers. Portable toilets shall be screened from
any existing highways and existing residential properties.
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11. 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.
12. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
13. The operation shall comply with the Mine Safety and Health Act (MSHA).
14. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to County Road 36,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. 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.
20. The historical flow patterns and run-off amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. 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.
23. Sources of light shall be shielded so that beams or rays of light 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.
24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners.
This restriction shall not apply to operation of administrative and executive offices or repair
and maintenance facilities located on the property. In the event there is a State of
Emergency declared by the Board of Commissioners, the mine may operate.
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25. Existing vegetation and ground cover along public road frontage and drainage ways shall
be preserved, maintained, and supplemented, if necessary, for the depth of the setback
in order to protect against and/or reduce noise, dust, and erosion.
26. Building Permits issued on the proposed 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.
27. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently
the following have been adopted by Weld County: 2018 International Codes, 2018
International Building Code, 2018 International Mechanical Code, 2018 International Fuel
Gas Code, 2006 International Energy Conservation Code, and 2017 National Electrical
Code.
28. The number of employees associated with the daily operations of mining and processing
operations is limited to twelve (12) persons per shift, as stated by the applicant.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open -Mining
Standards of Section 23-4-250, Weld County Code.
33. 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.
34. 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.
35. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
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be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
36. The property owner or operator shall be responsible for complying with all 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.
37. 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.
38. 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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