HomeMy WebLinkAbout20191072.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR18-0105 Hearing Date: February 19, 2019
Applicant: Hunt Water, LLC c/o David Hunt, 14450 CR 40, Platteville, CO 80651
c/o Andy Rodriguez, Civil Resources, LLC, 323 5'h Street, Frederick, CO 80530
Request: A Site Specific Development Plan and 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.
Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 36, East and West of State Highway 85
Size of Parcel: 139.2 acres, more or less; 67.1 acres more or less to be mined
Parcel Numbers: 1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies with
comment:
® Town of Platteville referral dated October 9, 2018
® State of Colorado Division of Water Resources, referral dated October 12, 2018
® Weld County Department of Environmental Health referral dated October 26, 2018
® Weld County Department of Public Works, referral dated November 6, 2018
® Colorado Department of Transportation, referral dated January 18, 2019
® Town of Gilcrest , referral dated January 31, 2019
The Department of Planning Services' staff has received responses from the following agencies without
comment:
▪ Weld County Zoning Compliance referral dated October 9, 2018
▪ Colorado Parks and Wildlife, referral dated October 12, 2018
▪ Weld RE -1 Schools, referral darted October 12, 2018
▪ Weld County Sheriff's Office, referral dated October 31, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Milliken
▪ Platte Valley Conservation District
▪ Central Weld County Water District
▪ State of Colorado, Department of Reclamation Mining Safety
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Page 1
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR18-0105 Hearing Date: February 19, 2019
Applicant: Hunt Water, LLC do David Hunt, 14450 CR 40, Platteville, CO 80651
do Andy Rodriguez, Civil Resources, LLC, 323 5'" Street, Frederick, CO 80530
Request: A Site Specific Development Plan and 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.
Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 36, East and West of State Highway 85
Size of Parcel: 139.2 acres, more or less; 67.1 acres more or less to be mined
Parcel Numbers: 1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053
Narrative:
The 139.2 ± acre permit boundary contains three (3) areas of planned extraction totaling 67.1 ± acres. Of
the remaining 72.1 ± acres of the permit boundary, 18± acres comprise of existing and permanent access
roads, operational support/mineral reserve areas, and setbacks or areas of pre-existing, minor, to no
disturbance. The remaining lands include 71.10± acres associated with oil and gas operations and existing
pipeline and utility corridors.
The pit will be slurry lined dewatered and dry mined. The initial intent is to mine the topsoil and overburden
and cease mining. Should market conditions create demand the mine might go further into the sands
gravels and stones aggregate resource. Prior to aggregate mining, the slurry wall leak test will have been
performed and the miner will not expose groundwater until the slurry wall has been approved. The proposed
mine will be used to support both wet and dry mining operations and stockpiling of processed materials.
The aggregate deposit varies in composition, depth and extent. Generally, there is approximately two to
four (2-4) feet of overburden with the depth of the sand gravel and stone mineral resource ranging from
thirty (30) feet up to forty (40) feet in depth.
All mineral product will be transported by a scraper or front end loader to the processing and stockpile areas
located adjacent to County Road 27 / State Highway 60 in the northeast quadrant of the property. The
mined material will be trucked off site. The number of vehicles access the site daily will not exceed 138
vehicles: four (4) round trips for employees, ten (10) round trips for the truck drivers, up to 120 daily round
trips for the gravel trucks.
The primary end use post mining and reclamation activities will be the development of water resource
reservoirs and will be utilized accordingly.
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect.
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 be two (2) reservoir
basins totaling 64.60+1- surface acres to be utilized for agricultural and, or industrial uses.
Section 22-4-30.B WA.Goal 2. Strive to maintain and protect water supply storage facilities,
conveyances and infrastructure adequate to sustain continued water use, and Section 22-4-
30.B.1 WA.Policy 2.1. 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.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of
mineral resources." According to the Weld County Sand, 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.
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 Department of Public
Works is requiring an Improvements and Road Maintenance Agreement for road maintenance and
future improvement triggers. The agreement will detail the approved haul route(s), outline when off -
site improvements will be triggered, and include a maintenance agreement for the haul routes
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "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 materials processing of materials on this property. Two single family
residences are in close proximity, one to the west and one to the east of the extraction limits. 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 utilized 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, Division/DRMS,
Permit No. M2018-027, conditionally approved on November 28, 2018.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone
District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development
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Plan and 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.
C. Section 23-2-220.A.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 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 mile to the west is a wood mulching operation
(USR-798). Within the permit boundary is USR-975 for a veterinary clinic that, as a condition of
approval will be vacated. The property is bisected by State 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 residence located west of the proposed mine, wet 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 mile of the proposed mine site. The Department of Planning
Services has received no telephone calls or correspondence concerning this land use application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities. The Towns of Gilcrest,
Milliken and Platteville are within the three-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 the Notice of Inquiry Form dated August 15, 2018 indicating that the Planning
Commission did not want to annex the property at this time, and the Town did not respond to the
USR referral request. The Town of Platteville returned the Notice of Inquiry Form 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 WCR 25.5
and SH 60 and north of WCR 36. The site is located within the Town's Three 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 SH 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. Planning Staff
believes that, with the endorsement of the Conditions of Approval, contained in this
recommendation, the approval of this use will not jeopardize the health, safety and welfare of the
surrounding property owners.
E. Section 23-2-220.A.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 and
Airport Overlay Areas.
Building Permits issued will be required to adhere to the fee structure of the County -wide Road
Impact; the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning
Services)
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 property to be mined contains
approximately 74,89 acre of "Prime" agricultural lands and approximately 16.36 acres of Irrigated
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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 23-2-220.A.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 health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open -mining has been addressed through this
application and the Development Standards will insure compliance with Section 23-4-250 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 Department of Planning Service's staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall vacate USR-975 for a Veterinary clinic, as it is located within the permit
boundary of the proposed gravel mine.
B. 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)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0105. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. 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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
6. Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
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7. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
8. Show and label the approved tracking control on the site plan. (Department of Public Works)
9. 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)
10. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
11. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
12. Show and label all recorded easements on the map by book and page number or reception
number and date.
13. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50.E of the Weld County Code.
2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to on -site construction. This
site requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a
Weld County grading permit will be required. (Department of Public Works)
C. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
3. The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
4. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the 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.
(Department of Planning Services)
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 added for each additional
three (3) month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hunt Water, LLC
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USR18-0105
1. A Site Specific Development Plan and 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, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All 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)
4. 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)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
6. 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. (Department of Public Health and
Environment)
7. 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)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
11. 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)
12. 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)
13. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
14. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
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the Weld County Code. (Department of Public Health and Environment)
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. (Department of Public Works)
17. 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)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public Works)
20. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
21. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates. (Department of Public Works)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
24. 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)
25. 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. (Department of Planning
Services)
26. 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.
(Department of Planning Services)
27. 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. (Department of Planning Services)
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee
Program. (Department of Planning Services)
29. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Residential Code, 2018
International Building Code, 2018 International Mechanical Code, 2018 International Plumbing
Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code, 2006 International
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Energy Conservation Code, and 2017 National Electrical Code. (Department of Building Inspection)
30. The number of employees associated with the daily operations of mining and processing operations is
limited to 12 persons per shift, as stated by the applicant (Department of Planning Services)
31. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the open -mining standards of
Section 23-4-250, Weld County Code.
35. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
36. The 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.
37. 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 be necessary to follow the procedures and requirements of Division
4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
38. 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. (Department of Planning Services)
39. 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.
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40. 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 maybe 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, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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January 9, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 400-3549
FAX: (970) 304-6498
RODRIGUEZ ANDY
323 5TH STREET
PO BOX 680
FREDERICK, CO 80530
Subject: USR18-0105 - A Site Specific Development Plan and Use by Special Review Permit for a
mineral resource development including open pit mining (overburden, sands, and gravel), and materials
processing in the A (Agricultural) Zone District
On parcel(s) of land described as:
PT SE4 SECTION 6, T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 27, 2019 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
October 08, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
ANDY RODRIGUEZ
CIVIL RESOURCES LLC
323 5TH STREET PO BOX 680
FREDERICK, CO 80530
Subject: USR18-0105 - A Site Specific Development Plan and Use by Special Review Permit for a
mineral resource development including open pit mining (overburden, sands, and gravel), and materials
processing in the A (Agricultural) Zone District
On parcel(s) of land described as:
PT SE4 SECTION 6 T3N R66W EXC LOT A & B REC EXEMPT RE -3994 ALSO LOT A REC EXEMPT
RE -1639 (1.16R 22RR) of the 6th P.M., Weld County, Colorado.
PT SE4 SECTION 6 T3N R66W LOT A REC EXEMPT RE -1639 of the 6th P.M., Weld County, Colorado.
PT SE4 SECTION 6 T3N R66W LOT B CORR REC EXEMPT RE -3994 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
VvI
Diana Aungst
Planner
FIELD CHECK - USR18-0105
Inspection Date: January 14, 2019
Applicant: Hunt Water, LLC do David Hunt, 14450 CR 40, Platteville, CO 80651
do Andy Rodriguez, Civil Resources, LLC, 323 5'" Street, Frederick, CO 80530
Request:
A Site Specific Development Plan and 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.
Legal Description: Part of the Southeast quarter of Section 6, Township 3 North, Range 66 West
of the 6th P.M., Weld County, Colorado
Location:
Size of Parcel:
Parcel Numbers:
North of and adjacent to County Road 36, East and West of State Highway 85
139.2 acres, more or less; 67.1 acres more or less to be mined
1211-06-4-00-055, 1211-06-4-00-056 and 1211-06-4-00-053
Zoning
Land Use
N
AGRICULTURE
N
Production agriculture
E
AGRICULTURE
E
Production agriculture with rural residence
S
AGRICULTURE
S
Production agriculture
W
AGRICULTURE
W
Production agriculture with abandoned rural residence at 17287 CR 25.5
Comments:
The property is bisected by State Highway 85 and the Union Pacific Railroad Mainline Track. The west
property area has oil and gas encumbrances and tank batteries adjacent to County Road 25.5. There is
a center pivot with cattle grazing on the land at time of visit. A new recently graded water pond is located
to the northwest of the property and is built up a good six feet from grade. Adjacent to the north property
line is a field access road that appears to provide access to County Road 27/ State Highway 60. A single
family farm house with outbuildings is present and located in the northeast quadrant of the west half of
the property.
There is a single family residence with outbuildings adjacent to County Road 25.5 and west of the project
site. This structure is abandoned with a posted No Trespassing sign and is overgrown in plant material,
primarily grasses.
County Road 36, 25.5 are gravel all-weather roads and County Road 27 is a paved road adjacent to site.
The property to the east of the Highway is posted with a sign identifying the property as having a DRMS
permit. Access is off of CR 36 approximately 375 feet to the east of the Railroad track crossing. The
access road has a full width cattle guard with approximately 40 feet of cobble rock before turning into
compacted agricultural lands. A double panel swing pipe gate restricts access to the property. There is
an irrigation ditch with water flowing adjacent to the north of CR 36. A water supply and diversion box
with pond is located in the southeast quadrant of the property.
The entire site has been regraded to form an approximate ten foot in depth with 3:1 sidewalls dry storage
area. There is a large pile of topsoil adjacent to the County Road running the length of the property.
County Road 36 east of the railroad mainline is an all weather road. The grade of the road slopes to the
east and at the rail crossing has a substantial slope to the west. There is a stop sign planted on each
side of the tracks.
View looking West on County Road 36 toward Hwy 85
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View looking east onto Access road, planted sign for Hunt Water LLC and mined topsoil
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View looking north on mined and regraded area. Mined material stockpile is adjacent to left of photo
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Signature
❑ Access to Property — Agricultural access with limited gravels or cobbles
❑ Site Distance, good visibility generally
❑ Oil & Gas Structures on adjacent property
❑ Topography, generally no slope on this site
Note any commercial business/commercial vehicles that are operating from the site.
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