HomeMy WebLinkAbout20183728.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0072, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OPEN PIT MINING (SAND, GRAVEL AND STONE) AND MATERIALS
PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - PIONEER LAND
COMPANY, LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC.
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 5th day of
December, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Pioneer Land Company, LLC, 4401 Coriolis Way, Frederick, CO 80504,
c/o Northern Colorado Constructors, Inc., 9075 CR 10, Fort Lupton, CO 80621, fora Site Specific
Development Plan and Use by Special Review Permit, USR17-0072, for Mineral Resource
Development Facilities, including Open Pit Mining (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:
SW1/4 SE1/4 of Section 1, Township 2 North, Range
67 West; and part of the N1/2 of Section 12,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the matter was continued to January 23, 2019, to allow the
applicant additional time to work with surrounding property owners to mitigate their concerns, and
WHEREAS, at said hearing on January 23, 2019, the applicant was represented by J.C.
York, J & T Consulting, LLC, 305 Denver Avenue #B, Fort Lupton, Colorado 80621, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
cc: PLC tcol-rP), Pw( HS), e-HcLt.),
co, cgc).GZPPL rQ- REP
Qs)/ t c-i /tet
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 2
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 22-5-80.A (CM.Goal 1) states: "Conserve lands which contain
commercial mineral deposits ("aggregate') for potential future use in
accordance with state law." This site contains a valuable commercial
deposit of sand and gravel located in the alluvium of the South Platte
River which is available for extraction.
2) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable and
orderly exploration and development of mineral resources." According to
the Weld County Sand, Gravel Resources map dated July 1, 1975, the
property is classified as F-1 (Floodplain - coarse aggregates: relatively
clean and sound) and V-4 (Valley -Fill - coarse and fine unevaluated
aggregates). The application materials indicated that this property has 3-10
feet of overburden and that extraction activities will remove aggregate to
an average mean depth of 38 feet from the natural grade of the surface.
3) Section 22-5-80.C (CM.Goal 3) states: "Minimize the impacts of surface
and subsurface mining activities on the surrounding land, land uses,
roads and highways." The applicant will utilize an internal access road
and a conveyor to transport the mineral resource to the materials
processing area. All traffic to and from the site will use County Road 23
and County Road 24. There will be one entrance to the Bennett pit
from the realigned County Road 23 and County Road 24 intersection.
4) 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 applicant proposes to utilize a water truck 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. M2016-085, conditionally approved on
October 19, 2017.
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 Facilities including Open Pit Mining and Materials
Processing (sand, gravel and stone), in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses. The surrounding land uses include irrigated
agriculture land and the South Platte River to the north, pasture land to the west,
pasture land and residences to the southwest and south, and irrigated farm land
and the South Platte River to the east. The site is bounded by County Road 23 on
the west and County Road 22.5 to the south. Sand and gravel operations are
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 3
located in areas similar to this along the South Platte River corridor as evidenced
by other mines being in proximity to this site. There are eleven (11) property
owners within 500 -feet of this proposed facility. One (1) letter was received from
an adjoining property owner residing north of County Road 24 Section line and
east of County Road 23 near the proposed mine entrance. The concerns raised
in the letter include the heavy commercial traffic on area roads, the proximity of the
Bennett Mine access to their residence and the request that the County complete
a Traffic Study of the County Road 23 and County Road 24 intersection, including
traffic patterns and average large vehicle speeds. The applicant will work with the
Department of Public Works to clarify the access point location, address turn lanes
and traffic control devices, as necessary, and to obtain additional right-of-way to
construct the realignment of the intersection of CR 24 at CR 23. Offsite
improvements to County Road 24 / County Road 23 will be required prior to the
commencement of mining and all improvements to public right-of-way will be a part
of the USR Improvements Agreement to be accepted by the Board of County
Commissioners and will include the following Exhibits: Offsite Cost of Construction,
Offsite Construction Schedule, Construction Drawings, the Final Plat Map, and
Collateral.
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 City of Fort Lupton in their
referral dated December 26, 2017, stated "The City of Fort Lupton has had
numerous conversations with the property owners concerning the potential
annexation and understand the property owners do not wish to annex at this time.
This site is within our comprehensive plan area. The future rights of way for County
Road 22.5 is 110 feet and County Road 23 is 120 feet. We request the future right
of way be taken into consideration, and the applicant should contact Public Works
to discuss impacts to County Road 18." As a condition of approval, should the
applicant's haul route include the use of County Road 18, a Road Maintenance
Agreement may be required for off -site improvements including, but not limited, to
dust control, damage repair, specified haul routes and future traffic triggers for
improvements. The Towns of Firestone and Platteville did not provide a referral
response. The proposed permit area currently consists of pasture grasses and in
general the surrounding property is primarily irrigated and non -irrigated agricultural
lands. There are three reclaimed mineral resource developments within one mile
of this proposed facility. The conditional approval of this use will not jeopardize the
health, safety and welfare of the surrounding property owners.
E. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts. Builcfung
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.
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C./0
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 4
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.
According to the "Important Farmlands of Weld County Colorado" map prepared
by the USDA - Soil Conservation Service and Colorado State University
Experiment Station, the site is located in the "Irrigated Land (Prime)", "Irrigated
Land (Not Prime)" and "Other Land" categories of farmland. The land is presently
vacant without improvements and has historically been utilized for irrigated
agricultural crops. There are oil and gas encumbrances located on the property.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval, and Development Standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of
the neighborhood and County. 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 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Pioneer Land Company, LLC, do Northern Colorado
Constructors, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0072, for Mineral Resource Development Facilities, including Open Pit Mining (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 USR17-0072.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 22.5 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.
5) County Road 22.5 is within the Fort Lupton Comprehensive Plan
Area and is proposed for a 110 -foot future right-of-way. The
applicant shall delineate on the site plan the future right-of-way. All
setbacks shall be measured from the edge of right-of-way.
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 5
6) County Road 24 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
7) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
8) County Road 23 is within the Fort Lupton Comprehensive Plan Area
and is proposed for a 120 -foot future right-of-way. The applicant
shall delineate on the site plan the future right-of-way. All setbacks
shall be measured from the edge of right-of-way.
9) The applicant shall show and label the approved intersection
re -alignment of County Roads 23 and 24.
10) The applicant shall show and label the approved access locations,
and the appropriate turning radii (60 -foot) on the site plan. The
applicant must obtain an access permit in the approved location(s)
prior to construction.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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.
13) The applicant shall show the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
15) Show and label the approved access locations, 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.
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 6
16) Should exterior lighting be a part of this facility, all light standards
shall be shown on the USR Map shall adhere to Chapter 23,
Article IX, Section 23-9-40 of the Weld County Code.
17) 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.
18) The applicant shall show the floodplain boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and
FEMA Map Panel Number.
19) Setback radii 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.
B. 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.
C. An Improvements and Road Maintenance Agreement is required for off -site
improvements including the south shifting realignment of County Road 24
west of County Road 23. Road maintenance also includes, but is not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements. The designated haul route is
County Road 23, south to County Road 18, and east to U.S. Highway 85.
D. A Road Maintenance Agreement may be required for County Road 18 that
is maintained by the City of Fort Lupton. The applicant shall submit written
evidence that discussions have occurred with the City regarding County
Road 18, as stated in the referral dated December 26, 2017.
E. The applicant shall submit road re -alignment and access improvement
construction drawings, stamped by a Colorado registered professional
engineer, to the Department of Public Works for final approval and
acceptance.
F. The applicant shall submit an application for dedication of right-of-way to
be accepted by the Board of County Commissioners for the realignment of
the County Road 24 west of County Road 23.
G. The applicant shall submit a Landscaping and Screening Plan to the
Department of Planning Services for review and approval.
H. The applicant shall develop a Communication Plan for review and approval
by the Department of Planning Services. The applicant seeks to build
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 7
relationships, educate stakeholders, and provide openness about the
activities and issues of the facility. This three-part approach addresses the
local community's need for information regarding the ongoing operations
of the proposed facility.
2. Prior to Mining:
A. If more than one (1) acre is to be disturbed for construction of non -gravel
pit items, a Weld County grading permit will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires a tracking control device and
100 feet of recycled asphalt or road base or 300 feet of asphalt for tracking
control.
C. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services,
D. Accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation.
3. The Use by Special Review activity shall not occur, nor shall any building 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.
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COI RADO
ATTEST:
datittA)
Weld County Clerk to the Board
BY:
Deputy Cler
o the Board
APP} OV l AS T
di
ounty A torney
Date of signature: 2 -17. -
EXCUSED
arbara Kirkmeye`r/ Chair
Mike Freeman, Pro-Tem
r
n P. Conway
I
r
K OFFICE 1/2/2019 after initial hearin
Steve Moreno
2018-3728
PL2529
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PIONEER LAND COMPANY, LLC,
C/O NORTHERN COLORADO CONSTRUCTORS, INC.
USR17-0072
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0072, is for
Mineral Resource Development Facilities including Open Pit Mining (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. 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.
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, C.R.S. §30-20-100.5.
5. 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.
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. The applicant
shall adhere to the submitted and approved Dust Abatement Plan.
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 of tte
Colorado Department of Public Health and Environment, as applicable.
8. The applicant shall adhere to the submitted and approved Landscaping and Screening
Plan. The owner/operator shall replace all dead, diseased or dying plant material within
the growing season.
9. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, and the maximum decibels levels demonstrated in the submitted and accepted
Noise Study.
10. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that prevents nuisance conditions. The maximum height of
the stockpiles is 40 feet.
2018-3728
PL2529
DEVELOPMENT STANDARDS (USR17-0072) - PIONEER LAND COMPANY, LLC, 0/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 2
11. 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 will be screened from the
existing surrounding residences.
12. 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.
13. 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.
14. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
15. The operation shall comply with the Mine Safety and Health Act (MSHA).
16. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
20. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
21. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. 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.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
2018-3728
PL2529
DEVELOPMENT STANDARDS (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 3
26. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1915E, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
27. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
28. 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.
29. 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, 7:00 a.m. to 4:30 p.m., Monday through Friday
and two Saturdays per month, 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.
30. Operations shall cease during sustained high -wind events exceeding thirty (30) miles per
hour.
31. 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.
32. 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.
33. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently the following have been adopted
by Weld County: 2012 International Codes, 2006 International Energy Code, 2012
International Fuel Gas Code, 2017 National Electrical Code, 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
2018-3728
PL2529
DEVELOPMENT STANDARDS (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 4
34. Building Permits issued on the parcel(s) will be required to adhere to the fee structure of
the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
35. The number of employees associated with the daily operations of mining and processing
operations is limited to ten (10) persons per shift.
36. 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. The operator shall place at the entrance a sign that
delineates the hours of operation, permit number and contact information.
37. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
38. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-250, Weld County Code.
41. 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.
42. 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.
43. 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
2018-3728
PL2529
DEVELOPMENT STANDARDS (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 5
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.
44. 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.
45. 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.
46. 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.
2018-3728
PL2529
Hello