HomeMy WebLinkAbout20191071.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR 18-0105
HUNT WATER LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
OPEN PIT MINING (OVERBURDEN, SAND GRAVEL AND STONE) AND
MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT
PART SE4 SECTION 6, T3N, R66W OF THE 6TH P.M.. WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 36 AND EAST AND WEST OF HWY 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 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+/- 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+1- 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
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 2
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 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.
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)
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 3
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 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 Planning Commission 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)
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 4
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. Show and label drainage arrows. (Department of Public Works)
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. (Department of Planning Services)
12. The map shall delineate the parking area for the vendors. customers and/or employees.
(Department of Planning Services)
13. 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 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 550.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
Motion seconded by Elijah Hatch.
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 5
VOTE
For Passage Against Passage
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Absent
Bruce Johnson
Bruce Sparrow
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Michelle Wall. Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on February 19. 2019.
Dated the 19"' of February. 2019
'4)(1-taidied cf Watt
Michelle Wall
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 6
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hunt Water. LLC
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 the
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 7
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 may 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 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)
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 8
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 states 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.
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 may be open and spacious.
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas. open views. spaciousness. wildlife. lack of city noise and congestion. and the rural
atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
RESOLUTION USR18-0105
HUNT WATER LLC
PAGE 9
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads. dust from animal pens. field work. harvest and gravel roads odor from animal confinement.
silage and manure: smoke from ditch burning: flies and mosquitoes. hunting and trapping activities:
shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields.
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been. and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County.
and the distances which must be traveled may delay all emergency responses, including law enforcement.
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads. no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas. in many cases, will not be equivalent to municipal services. Rural dwellers must. by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches. electrical power for pumps and center
pivot operations. high speed traffic. sandburs puncture vines. territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. February 19. 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room. 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wades, Gene Stille. Tom Cope, Lonnie Ford. Richard Beck. Elijah Hatch. Skip Holland.
Absent: Bruce Sparrow. Bruce Johnson.
Also Present: Kim Ogle. Chris Gathman. Michael Hall. Angela Snyder. and Maxwell Nader, Department of
Planning Services: Lauren Light and Ben Frissell, Department of Health. Evan Pinkham. Hayley Balzano
and Mike McRoberts. Public Works Bob Choate. County Attorney. and Michelle Wall. Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 18-0105
HUNT WATER LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
OPEN PIT MINING (OVERBURDEN SAND GRAVEL AND STONE) AND
MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT
PART SE4 SECTION 6 T3N R66W OF THE 6TH P M. WELD COUNTY
COLORADO.
NORTH OF AND ADJACENT TO CR 36 AND EAST AND WEST OF HWY 85.
Kim Ogle. Planning Services, presented Case USR18-0105 reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Staff requested to add a Condition of Approval to 1.C. to show drainage flow arrows. Staff
requested to amend Development Standard 21 be amended to read "may- instead of "shall".
Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control and the Waste Handling Plan.
Andy Rodriguez. 323 5t" Street. Frederick, Colorado, stated that he was from Civil Resources and is
representing Hunt Water LLC. Mr. Rodriguez explained that David Hunt/Hunt Water LLC is proposing to
mine the property. There are a 60 -acre site west of Highway 85 and a 16 acre -site on the east side of
Highway 85. The plan to construct a 6.000 linear foot slurry wall. Mr. Rodriguez said they plan to extract
approximately 600.000 tons of aggregate with the potential to extract more. They will reclaim the site for
open water storage to be used in a court approved water rights augmentation plan.
Mr. Rodriguez stated that the small 16 -acre site is only planned to be mined 10 feet deep with a 10 -foot
berm around it. lined with either clay or a synthetic liner. Mr. Hunt owns water rights that he could fill into
the pond. There will be 2 reservoirs: a total of 4 ponds. The applicant has acquired the necessary permits
for this project.
Commissioner Cope asked if they planned to mine the east 16 -acre area first. Mr. Rodriguez said that was
correct. He explained it will not be mined very deep and it will be created as a 4 -bay area to store water.
Commissioner Cope asked if that material was going to be processed. Mr. Rodriguez said no. it would just
be sold as fill dirt/top soil.
Commissioner Hatch asked the applicant if they planned to transport material from the 16 -acre site onto
the 60 -acre site. Mr. Rodriguez answered no.
Commissioner Holland asked for the purpose of the slurry wall. Mr. Rodriguez explained it will allow Mr.
Hunt to store water and use as an impermeable boundary. Commissioner Holland asked if there was
potential for significant seepage to any adjacent properties. Mr. Rodriguez answered there would not be
significant seepage. He said there are many slurry walls put up in gravel mines. The State Department of
Water Resources requires that criteria are met. There is a perimeter leakage rate and a bottom floor
leakage rate. Mr. Rodriguez explained that the ground water in the area is 14 feet deep.
Commissioner Cope mentioned that he did not see a copy of the geotechnical investigation in the records.
He confirmed with Mr. Rodriguez that the bedrock was down approximately 35 to 40 feet deep and consists
of claystone. Mr. Rodriguez said that is correct. Mr. Rodriguez asked Mr. Ogle if he provided him with the
DRMS permit. Mr. Ogle responded that he has received only parts of it. Mr. Rodriguez said he would
provide Mr. Ogle with the complete permit.
David Hunt. 14460 County Road 40. Platteville. Colorado. said he wanted to address Commissioner Copes
question. He explained that the top 2 feet of dirt come off for reclamation work. the rest of the material is
used to build the dam around the staging pond.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Add Condition of Approval 1.C.10. 'Show and label drainage arrowsas recommended by staff.
Moved by Gene Stille, Seconded by Tom Cope. Motion passed unanimously.
Motion: Amend Development Standard 21 to read -may instead of "shall . as recommended by staff.
Moved by Gene Stille. Seconded by Elijah Hatch. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0105 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval, Moved by Skip Holland. Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch. Gene Stille, Lonnie Ford, Michael Wailes. Richard Beck. Skip Holland, Tom Cope.
Absent: Bruce Johnson. Bruce Sparrow,
Commissioner Holland stated the applicant meets all criteria under Section 23-2-220 and that he agreed
with Staffs recommendation.
Meeting adjourned at 5:51 pm.
Respectfully submitted.
1/4Mlktau!-et. uiaa-
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE
PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123
Nowhere
Street, City, State, Zip
&rut
-Fe r,K'
11,
\-z ( C ig. A.O \ ,. \c
1 `..etNN--\ Co <C,6z l
&InCe A
E t'11:: ant
to
\--\l t-1._ Here ns
1 t \ L lC C A 4 C. VT..- -\--
l ct t -Ac. i,‘ C 1 55Cd OZ t
&art►lsA-nA«Anstcei
C, A \, I
c1/2,...,,•,,C , •.cler
, -ems
\
)cc:c
r
-)..C-;
'Cz A- Vs..:, -t-\ C AI: A
1 1LV.11
\}- ' 1m L1 es c-.
� �� .� Z
N/04 n C ct r r et Z1 c c-
/ / l- / Pet i 1 c y l� ✓ fi,r, i Ai -re n 9rt !- c" 7
-cswt\
i�"CY1Gz I
(
Crr2 ij 6_ TAiltC .cc
���
ECL1
Lj
j
l'"c\vy'�~
/ 1
l �
��G.;
lc�/ Dl„
r;911-1"‘
Fe cc
_Wil
W(.
(kiit,t.1!l;,
(U We4 S I
11k.L'iUSV S L'_Lu�fr"!�,t c6
Kat(
1
y I.1 Efil-(117-10?
f
(4-2.S / (1 i< aC L7 4:1(.17771C
"
ri gpier-ti
14-yobedicilde9nmi
A„,-Ittiknf
e
oav,efit & tAv
/u 4(90
c,K 90 ri4Iteville
goeci
&Ai
Jcift.(p.4_
323 SM S4 t-0Qc)tt,Mc4(.
-U So530
°fla
`CYSOLv(€ S. c,.or
"V0IN\ O V--;
c e3 c, v. t -7_5 f (La
(0
e _
p o O ca c co....,.
4 rojk
Udsoti
tort
-
.
ee..•1 tic
9selG e - z
v oArk u... n rte.-
v ci r %:
k - (due ( c k
3 , J1 N
Oa.) s„2_,Ivi 4- A-vP, ov+ coifs'
+' vs
S o. f 2- ;,(
awed t Ii --4 Are /
hnt
t -r
Jo
in sue,
LSO Tattittoki *1
in°
DtriUtA CO S oioa-
<A\ - ) .4. -lam
c11( \ 7T% `� t. Sjs, 1`l0C ,,,NiTCo eiC') aCJ�.
, Imo )
f2i2ility,e
9( v\ -1-0).O--
�m�.� ,coy,
Otte)
SIg
1 e
0Aas
c...,,4-4.,,Midsi'f
.c
Gi"
/7$ 51. SL. /Y6 t- �4V�J (O
*
wq 4rc J CC7 c -p Z (cw _ C o.-
13 1)
Gurc.,N1
cc; w, l9' 14
Or 2.a Gra c (c.r, c., r ° (3 `f
[ ��,�,...
( o-,
3� IA' .
Z 5 -e- 0 L' o I 3 sc-
—fJ/�.�..y(i�r�✓ s Lo-1�
L2'ficao
97'13 C,- CR /0
1t, oh gabzl
.
.1�t-1-
J OS it )443c;
4:31i-
"ei 3 Cc k
G rail- L DT-tn l( 3 Cde 6Lt
-c -tPci,,,b
Zq o l i )."An r
A
1O D 6 v 3
e --,
I/ /1
R. -.AL -11.-
?
c,
&cr.
fG! 'Oh L,
!L•1k —
lot( IGam( 1, J k Co t706o3
f1f.;
00 6 *totter_
40 1
K.,,.
lr-Thewrit- a
plot( Co10 2417
de
b au wtu
J4s4j,4'
Hello