HomeMy WebLinkAbout20190365.tiffEXHIBIT INVENTORY CONTROL SHEET
Case USR17-0072 - PIONEER LAND COMPANY, LLC, CIO NORTHERN
COLORADO CONSTRUCTORS, INC.
Tyler
Exhibit Page # Submitted By Description
Email Correspondence, Community
Meeting Minutes 12/22/2018, Comments to
Community Meeting Minutes 01/08/2019
AR. 2-18 Nicole Cantrell (received 01/23/2019)
AS. 19-20 Brad Windell Images (received 01/23/2019)
Language for final resolution (dated
AT. 21-38 Public Works Staff 02/01/2019)
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2019-0365
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Attachments:
Nicole Cantrell <nicolecantrelll l @gmail.com>
Tuesday, January 22, 2019 8:20 PM
Esther Gesick
Bruce Barker; Selena Baltierra
Re: CORA: USR17-0072
Community Meeting Notes 12.22.18.docx; Community Meeting Minutes 1-8-19 Nicole
Cantrell comments.docx; Response to Chris Zadel - Community meeting notes - Pioneer
Land Company, LLC _ Northern Colorado Constructors Inc USR 17-0072.pdf; Gmail -
Chris Zadel response email - Pioneer Land Company, LLC _ Northern Colorado
Constructors Inc USR 17-0072.pdf; Bennett Mine Standard Operating Procedures.pdf;
Bennett Mine Truck Safety Protocols.pdf; NCC Bennett Pit Groundwater Monitoring Plan
012119.pdf; JT-Access Road Signage Plan 1.21.19.pdf; Site Specific Hazard - English.pdf;
JT-Groundwater Monitoring Plan 1.21.19 (1).pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Esther,
Thank you very much for sending me the Commissioner's Meeting minutes. I also sincerely appreciate the detailed
description for finding documentation regarding this USR case on the website! Do you know how long case
documentation is available in this system?
I would like to submit additional documentation related to this USRn17-0072 case which will be heard before the
Commissioner's tomorrow. I will bring copies of these documents to that hearing but want to submit them electronically
as well. Please let me know if I should forward them to someone else at the County?
I have attached the following documents as evidence in the case to this email:
Community Meeting Notes 12.22.18 - These concerns and notes were sent to NCC explaining community
member concerns
Community Meeting Minutes 1-8-19 Nicole Cantrell Comments - Written response to the emailed 1/8/19 Meeting
Minutes provided by NCC to community members
Email response to Chris Zadel re: 1/8/19 Community Meeting Minutes
Email response from Chris Zadel (including the following attachments from NCC)
Attachments:
• Bennett Mine Standard Operating Procedure
• Bennett Mine Truck Safety Protocol
• JT- Access Road Signage Plan
• JT- Groundwater Monitoring plan
• NCC Bennett Pit Groundwater Monitoring
• Site Specific Hazards
Thank you again for your assistance. Let me know if I should send these documents to someone else for submission.
Nicole Cantrell
1
On Tue, Jan 22, 2019 at 9:13 AM Esther Gesick <egesick@weldgov.com>wrote:
Hello Ms. Cantrell,
In response to your request, the Minutes/Audio file is available to download via the ShareFile link below:
https://weldcountv.sharefile.com/d-s1e45159c61146359
Additionally, to address your request for the Standard Operating Procedures, I am responding with instructions on how
to locate the entire case file online:
Use the hyperlink below to navigate to the Commissioner page on the Weld County website, then scroll to the bottom
under 'Helpful Information' and select 'Commissioner Record Search'.
https://www.weldgov.com/departments/commissioners/
Once the 'Welcome to EagleWeb (TCM)' page opens, click the 'I Acknowledge' button. I ran a two-step search: 1) first
looked up the case number (USR17-0072) in the 'Notes' field and, based on the results, I learned the overall file
location is PL2529, which I entered into the 'File Location' field.
So, if you enter PL2529 in the 'File Location' field and hit the 'Search' button, you should receive 18 results. I
recommend using the sort feature in the upper left-hand side of the screen to sort the results by 'Document ID' which
will give you a chronological view of the file.
Now all you have to do is click on whichever item you wish to view, then on the left-hand side of the screen under
'Document Images' click the 'View Attachment' hyperlink and the system will produce a .pdf image of our scanned
records. NOTE: Do not close (red X) the image - it closes the entire search. Instead - click the back arrow and "Return
to search" if you wish to look at other documents. Please let me know if I can be of any further assistance. I hope
these instructions are helpful to you, but please feel free to contact me if you have any questions.
Thank you,
2
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758'Greeley, CO 80632
tel: (970) 400-4226
x
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Selena Baltierra
Sent: Friday, January 11, 2019 5:05 PM
To: Nicole Cantrell <nicolecantrellll@gmail.com>
Cc: Esther Gesick <egesick(Wweldgov.com>
Subject: RE: USR17-0072
Good Afternoon Ms. Cantrell,
I have been working on the minutes from this case and have about an hour left. We will be able to get it to you
next week at some point. I have noted your additional request.
Thank you,
Sel&ria, gaits erra'
Deputy Clerk to the Board
Weld County
1150 O Street
3
Greeley, CO 80631
tel: 970-400-4217
sbaltierraCa�weldgov.com
sbaltierra(co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
From: Nicole Cantrell <nicolecantrellll@gmail.com>
Sent: Friday, January 11, 2019 9:05 AM
To: Selena Baltierra <sbaltierra@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>
Subject: Re: USR17-0072
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning,
Just wanted to check in regarding my request for the minutes from the last USR 17-0072 Commissioners meeting.
I would also like to request the Standard Operating Procedures as submitted by the contractors as part of the case
documentation.
Thank you,
4
Nicole Cantrell
On Wed, Dec 12, 2018 at 10:18 AM Selena Baltierra <sbaltierra@weldgov.com>wrote:
Good Morning,
I have attached the Planning Commission minutes, Mr. Ogle's Presentation, and the applicant's PowerPoint
from this case. The minutes for this case have not yet been finalized. We will try to get them to you at our
earliest convenience.
Thank you.
Selena/gait—terra/
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
sbaltierra(a weldgov.com
sbaltierra(c�co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
5
1/22/2019 Gmail - Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company, LLC / Northern Colorado Constructors Inc US...
M Gmail
Nicole Cantrell <nicolecantrell11@gmail.com>
Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company,
LLC / Northern Colorado Constructors Inc USR 17-0072
Nicole Cantrell <nicolecantrellll@gmail.com> Thu, Jan 17, 2019 at 12:39 PM
To: Chris Zadel <chrisz@ncconstructors.com>
Hey Chris,
Thanks for sending out these minutes. I made a few comments directly in the document to ensure we are all on the same
page with the discussions. In the notes, I addressed a few requests, but have also listed them below for you.
Weight limits for loads to 85,000 - The minutes state you are considering this, but at the meeting, I thought we
determined you would be setting this limit for the site regardless of the trucks load capacity and permits?
Water Level monitoring and trigger points - Who should community members contact at NCC to have their current
well levels documented? How will these different trigger point amounts be documented (some part are 2 feet of
change, some areas like Robbie's place should be less at 1 ft) We want to be sure this documentation is public
record and we are all clear on when action will occur to mitigate water loss.
Stockpile height limits - Can you let us know what was determined. I know the community said 25 feet high and
you proposed 40 ft. We think 40 seems tall but reasonable, but want to be sure there is a limit set. Can you
estimate how many stockpiles you predict and the location on the site where they will be located?
4 way stop - We are clear as a community that this is a necessary safety precaution at 23/24. We will bring this up
to Commissioners, but feel Weld County would also be more willing to put it in at your request since their guidance
is simply a guideline and not a standard. We also hope to look at CR 19 and CR 24 with Firestone in the future and
will ensure we address all intersections of concern with the Commissioners (we realize that the large truck traffic
on our local roads are not all yours nor all gravel and sand but half are related to oil and gas).
SOP - This one -page document doesn't seem to address all operations on the site? Can you provide me with the
documentation that is used to train on -site staff and haulers? Will the required haul routes be added to that
documentation?
Zero -Tolerance - Who at NCC should we report unsafe driving to, if we see trucks that are entering or exiting your
site acting unsafely? We were appreciative of the discussion about safety standards, and will all be more vigilant
about capturing driver information and reporting to not only you but all surrounding companies.
One last personal question about screening around the first pit, on the W side of the pit - That area is directly outside of
my "backyard" area at the bottom of our property (separated by Bill Lewis's field). I know it's inside the flood zone, but I
wasn't sure if there were any screening plans for that section? I have animals who are going to have some serious
adjustment to dealing with trucks in our backyard when they usually enjoy watching the families of deer that have lived
there for years, and I enjoy spending a significant amount of time outside. Can you let me know of any screening plans
there so I can minimize looking every day at the trucks mining a hole behind my house? I appreciate it!!!
Thank you again for taking the time to listen to our requests and addressing our concerns. We sincerely appreciate your
work and the effort you and your team put into the community meeting and ensuring the impact on our lives is minimized
as much as possible.
Nicole
[Quoted text hidden]
Community Meeting Minutes 1-8-19 Nicole Cantrell comments.docx
53K
https://mail.google.com/mail/u/0?ik=a6c5a232e3&view=pt&search=all&permmsgid=msg-a%3Ar4203332502746048581 &simpl=msg-a%3Ar42033325... 1/1
1/22/2019 Gmail - Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company, LLC / Northern Colorado Constructors Inc US...
M Gmail
Nicole Cantrell <nicolecantrellll@gmail.com>
Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company,
LLC / Northern Colorado Constructors Inc USR 17-0072
Chris Zadel <chrisz@ncconstructors.com>
To: Nicole Cantrell <nicolecantrell11@gmail.com>
Cc: "(jcyork@j-tconsulting.com)" <jcyork@j-tconsulting.com>
Hi Nicole,
Mon, Jan 21, 2019 at 4:01 PM
Your most welcome. We hope we were able to address everyone's concerns during the community meeting. I felt the
meeting was very productive, but do agree with you it got a little restless at the end.
First, Thank You for being a lead of the public, it seem you were able to step in and control or detour a few community
members when things were getting off track. I appreciate your effort for this.
There are a lot of attachments here, so please let me know if you don't receive all of them.
1. Weight limits - We met with Weld County planning department on January 14th and discussed this. It seems we
can set a limit, but yet Weld County have their standards/ regulations and everyone is allowed to use the road as
the standards are set.
2. Water level monitoring and trigger points - Please see attached NCC — Bennett Pit Ground Water Monitoring
Plan. This plan illustrates what J.C. was explaining during the community meeting to which areas around the pit
are triggered differently. You will see on the signage plan with NCC's contact numbers and website we can be
notified.
3. Stock piles — I don't believe we ever came back to the stock pile height subject during our community meeting.
We were detoured on another subject. We are proposing 40 feet in height. We also included on the attached JT
Access Road Signage Plan the stockpile locations and stock piles not to exceed 40 feet.
4.4 Way Stop — During our meeting with Weld County Planning on January 14th we explained this was a large
concern with the Community and their response was again that it was not warranted with the traffic studies that
were performed. However, we will illustrate to the BOCC the Community interest in the 4 way stop and let them
decide.
5. NCC SOP & NCC Trucking Protocols — Please see attached. We have updated our SOP in more detail, but also
updated our Trucking acknowledgement protocol that truckers will be required to acknowledge and sign before
being loaded at the Pit. Also, attached is a copy of the On -Site Specific training all visitors will be required to sign
up arriving on -site.
6. Zero Tolerance — Please see attached JT Access Road Signage Plan. All contact information is provided on the
entrance sign of the pit. On this plan you will notice I have generated a number of other signs expressing to the
drivers speed, obeying of signage and a zero tolerance environment.
I can come up with something to help screen your place. We may have to field fit something to help block the
disturbance. I appreciate your understanding of the flood zone, but I can manage something. Before getting fully
underway I will meet with you on -site and come up with a plan.
Please let me know if I missed not addressing all your comments.
All these attached documents will be provided to Weld County.
https://mail.google.com/mail/u/0?ik=a6c5a232e3&view=pt&search=all&permmsgid=msg-f%3A1623312781691396295&simpl=msg-f°r63A16233127816... 1/2
1/22/2019 Gmail - Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company, LLC / Northern Colorado Constructors Inc US...
Thanks again for all your help with this.
Chris
misialvaddissommemm
Chris Zadel
9075 WCR 10, Fort Lupton, CO 80621
Main: 303.857.1754 Fax: 303.857.2933 Cell: 970.539.8328
www. ncconstructors. corn
From: Nicole Cantrell <nicolecantrellll @gmail.com>
Sent: Thursday, January 17, 2019 12:40 PM
To: Chris Zadel <chrisz@ncconstructors.com>
Subject: Re: Bennett Pit Community Meeting Minutes & Sign In Sheet - Pioneer Land Company, LLC / Northern
Colorado Constructors Inc USR 17-0072
[Quoted text hidden]
7 attachments
. JT-Groundwater Monitoring Plan 1.21.19.pdf
6022K
NCC Bennett Pit Groundwater Monitoring Plan 012119.pdf
150K
JT-Access Road Signage Plan 1.21.19.pdf
3534K
Bennett Mine Standard Operating Procedures 1.18.19.pdf
61K
Bennett Mine Truck Safety Protocols.pdf
486K
Site Specific Hazard - English.pdf
28K
Community Meeting Minutes 1-8-19 Nicole Cantrell comments.docx
53K
https://mail.g oogle.com/mail/u/0?ik=a6c5a232e3&view=pt&search=all&permmsgid=msg-f%3A1623312781691396295&simpl=msg-f%3A16233127816... 2/2
Community Meeting for Proposed Gravel Pit December 22, 2018
Below please find the notes from the community meeting held on December 22, 2018. As a community we
determined our areas of concern and we look forward to working with NCC to discuss all aspects of the sand and
gravel mine project at the 1/8/19 Community Meeting.
Community Concerns:
1. Traffic Issues
• Trucks consistently cut off vehicles traveling down the road — Dangerous intersections at CR
23/24, CR 19/24, Hwy 85 / CR 18, Hwy 66 / CR 21, Hwy 66 / CR 19
• Excessive speed by trucks — Not following posted traffic signs and signals
• Weld County sheriffs do not enforce traffic signs
• Tarping of gravel trucks on county roadways- Trucks routinely park on CR 18 and tarp their loads
on the side of the road which leads to dangerous on road conditions
• Gravel being carried onto roadways from the site (will be mitigated through paving of the
driveway)
2. Noise Concerns
• Use of Jake Breaks when trucks are empty must be prohibited as it is unnecessary
• Use of agricultural noise levels instead of industrial limits, as this is an agricultural area and
zoned agriculturally
• Hours of Operation at site — What are the proposed hours?
• Concern regarding generator noise — Additional noise pollutants on sire including back up
beeping
3. Lighting pollution
• Concern about adding additional lighting on site, concerned with strobe lights on conveyor belts
when in operation
• What lighting does safety require, and how can we limit this impact to our rural lifestyle?
4. Dust Mitigation
• What will the mitigation schedule be?
• How often will mag chloride be applied?
• How will dust from gravel piles be managed? (Planting on hills?)
• Who should be contacted if we notice issues with gravel and dust on roadways
5. Regulatory and Safety Concerns
• Regulations state gravel trucks may not back up on scales — Location of the scale house does not
allow for trucks to return to dump gravel if they are over the load limit and need to trim their
load, which will lead to trucks with excessive loads entering roadways
o If trucks overshoot the scale, they will also not be able to return from its current
location
• Who will monitor load limits and ensure loads are accurate — Concern regarding over usage of
our already burdened County roads
1
Community Meeting for Proposed Gravel Pit December 22, 2018
Requests of Northern Colorado Contractors:
The community would like to request copies of the following documents from NCC for review and discussion at
the upcoming community meeting. If available by email it would be appreciated.
1. Gravel Site Standard Operating Procedures
2. Gravel Site Emergency Operating Procedures
3. Screening plan
4. Transportation plan (truck travel path)
5. Truck safety protocols
6. Particulate Emission Control Plan
Community Recommendations and Requests:
1. Hours of Operation that do not add excessive traffic at peak travel hours — No weekend operation to
reduce noise impact
2. Limiting heights of stockpiles
3. Load limits that do not exceed State regulations — ensure these limits are enforced on site by a
technical expert
4. Requiring tarping on site before entering onto the county roadway (providing space for this on the
mine site)
5. Move scale house further back on site to ensure trucks can turn around on site if they need to trim a
load or overshoot the scale on their first attempt.
6. Work with Weld County Dept of Transportation to add 4 way stop at intersection of CR 23 and CR 24
7. Work with Firestone / Fredrick to add stop signs on County Road 19 (4 way stop)
8. Work with County to reduce posted speed limits on County Roads
9. Request enforcement by sheriffs more routinely on these county roads
10. Plant mature trees on all barriers and replace any trees or greenery that die throughout the life of
the pit
11. Sweeping operations on the roadways outside of site entrance / exit
12. Work with Weld County to increase snow plow priority level for these county roads, which will lead
to safer travel conditions for everyone in the community
2
N IArmy
11111Ilimm Kim
9075 WCR 10 * Fort Lupton, CO 80621
PHONE: 303-857-1754
FAX: 303-857-2933
www.ncconstructors.com
COMMUNITY MEETING FOR PROPOSED GRAVEL PIT - PIONEER LAND COMPANY,
LLC/NORTHERN COLORADO CONSTRUCTORS USR 17-0072
JANUARY 8, 2019 - 6:00PM TO 9:00PM
MEETING MINUTES
I. PERMITS
• DRMS Permit # M-2016-085
• Mining operations will proceed from North to South — Property total surface area
190 acres / Mining operations area 114 acres
2. Mine Layout Phase I & II
• Mining procedures discussed
• Method of material transport discussed — Mobilization via conveyor & haul trucks
• Stock piles discussed
• Stackers discussed
• Weed control / reclamation discussed
• Slurry wall & vertical slopes discussed
• Traffic improvements, traffic routes, & estimated max rate of traffic out per year
discussed
Q. Will there be some type of traffic control at intersection?
A. Yes, a 2 -way stop sign will be utilized at intersection for control measures.
* 4 -way stop sign was proposed by community members — vote taken / majority
in favor of 4 -way stop sign
Q. Is there a possibility to limit the weight of trucks leaving the property to 22
tons?
A. Truck weight limits are normally determined by destination of hauler
Q. Can NCC set a weight limit to reduce stress on roads (concern about sink
holes, existing & potential new at CR 23 & 24)? Would NCC consider setting
weight limits to 85,000 lbs?
A. intended haul route for truckers wouldn't require a limit of 85,000 lbs max, but
NCC will consider the request. NCC has a designated area for haulers to trim
overweight loads.;
Commented [NCI]:Chris — At the meeting you agreed to
setting this limit due to our concerns for roadway damage. We want
to be clear on this point, since these notes do not reflect what I
believe was agreed to at the community meeting. Thanks!
* NCC is not responsible for haulers outside of our mining operations (e.g. oil &
gas operations or other aggregate haulers entering/leaving other mine operations
in the area).
• Continued discussing new realignment of CR 24 & 23
Q. Who will pay for the cost of the realignment of CR 24 & 23?
A. Costs are shared between NCC & Weld County.
Q. Can we be provided with the standards for 4 -way stop sign requirements?
A. 4 -way stop sign requirements are documented in the "Manual on Uniform
Traffic Control Devices". Document sets the standards for traffic signs to be
designed, installed, & used. Currently the intersection threshold is below standard
limits. J&T & NCC support 4 -way stop sign at intersection and/or speed reduction
to control traffic. JC indicated Weld County said does not warrant a four way
stop.
Q. Will there be some type of enforcement for signs & speed at intersection?
Proposed a roundabout as possible solution.
A. NCC has not looked at the possibility of a roundabout. Weld County
determines what can be done at intersections. Roundabouts have various impacts
& 4 -way stop sign would be preferred. NCC isn't responsible for enforcing traffic
signs on county roads. Enforcement of traffic signs is through the local law
enforcement agencies such as Weld County.
Q. What is the general time frame for traffic detours in the area during
construction of improvements?
A. Traffic will be kept open — estimated total time of 2 months.
Q. How do we get trucks to follow traffic rules?
A. Involvement of local & county law enforcement agencies to enforce traffic
rules. NCC will have a camera installed at entrance to mine property.
Q. What does the company do to ensure truck drivers are following traffic rules?
A. Trucks that are unable to follow traffic control rules will be no longer allowed
to haul from mining operation. "0" Tolerancq
Q. Will Standard Operating Procedures (SOP) include a 3 -strike rule?
A. Yes, NCC will address a 3 -strike rule for drivers unable to follow SOP.I
3. Haul Route
• Access roads discussed
• Dust treatment discussed
• Scale house location discussed
• Tarp & trim area discussed
• Cattle guard & gates discussed
Commented [NC2]: After discussion with your traffic
consultant, it became clear that if we all pushed for a 4 way stop,
which would really cost very little, that we could ask Weld County
to add a 4 way stop since the thresholds are only guidelines and not
requirements.
Commented [NC3]: We will ask Weld County to continue to
expand officers in the area to assist with traffic control enforcement,
maybe a request from you at the commissioners meeting would help
with this?
Commented [NC4]: Can you please provide us all with the
contact information for whowe should report unsafe driving to? We
understand unsafe trucks'. are not your responsibility, but we want to
be sure we can all accurately track who is driving unsafely so you
can keep track of zero tolerance infractions.
Commented [NC5]: Where is this documented for the site? It
isn't in the current SOP, can it be added there? If it is somewhere
else, can you please send me that document?
• Hours of operation for hauling discussed
• Site specific hazard training for drivers discussed
• Speed limits for haulers discussed
Q. Is the haul route a recommendation or a requirement?
A. Not a requirement by Mining Safety & Health Administration (MSHA) but
NCC will enforce.;
Q. Will NCC stop trucks from tarping loads on the side of county road(s)?
A. To enforce more control NCC can ask Weld County to install barricade to
prevent tarping loads on side of county road if necessary. NCC has a designated
area for tarping & trimming loads on the mine property for drivers to utilize.[
Q. What is the interval of trucks exiting the mining operations during mining
hours?
A. Estimated 13 trucks per hour. Hours of truck operations are Monday -Friday
7:00am to 4:30pm / Saturday (x2 per month) will run normal truck operations
from 7:00am to 4:30pm & Saturday (x2 per month) will run maintenance
operations from 7:00am to 4:30pm. Closed on Sundays.
Q. Will NCC be responsible for keeping down mud & dust off CR 23?
A. Yes, NCC will install a cattle guard at the entrance, a sweeper will be onsite
for clean-up of debris, & mag chloride/water spraying for control of dust.
4. Screening for Access & Processing Areas
• Proposed retaining walls discussed
• Ditch crossing discussed
• Slopes discussed
• Trees & straw bales for sound mitigation discussed — Large straw bales will be
stacked and remain in place behind trees that are planted for screening.
• Berms discussed
Q. Will there be proper drainage to prevent flooding of properties?
A. Yes a Flood Model has been completed to show the direction and location of
stockpiles to reduce flooding.
* The proposed Windell Screening Berm is not a solution for home owners to the
south of the mine. Property owners to the south object to Windell's berm and is
concerned the berm will cause more damage to neighbors to the south during
flooding. South neighbors suggest culverts through berm to allow water to flow.
JC explained the location of the berm is above the flood plain and will not affect
flooding. NCC/JC it is preferred to seek out other possible potential options for
solution. Need to discuss with Brad about putting breaks in the berm or pipes for
surface drainage to go through. Look at previous screening and trees on the mine
property.
Commented [NC6]: Haul routes both entering and exiting the
site. Where can we find a copy of these routes?
- -{Commented [NC7]: Thank you for changing the site plans to
account for this! 18 is the worst in the morning so we don't want 23
to turn into the same mess.
Commented [NC8]: Is there a point of contact at NCC for
reporting gravel on the road or dust concerns so mitigation can
occur?
5. Noise Analysis
• North cell mining & processing plant discussed
• South cell mining & processing plant discussed
• Levels of dBA (decibel level) in mining area discussed
• North cell and South cell source noise levels 40 dBA — 75dBA
• Effects of distance & weather on noise levels (wind makes a big impact) —
modeled as wind in all directions to make it worst case scenario
• Weld County regulates noise levels during day hours at: industrial — 80dBA &
residential — 55dBA
• NCC's intent is to get the decibel levels to 55dBA around residential areas
• Mining levels start on surface levels, as mining processes downward dBA levels
will decrease
Q. How do you measure noise levels during normal mining operations?
A. Annual monitoring of dBA will be performed & is required by MSHA
regulations.
Q. Will NCC have a policy in place for Jake brakes?
A. Yes, NCC will notify customers in writing and install signs on mining property
notifying drivers that Jake Brakes are prohibited while on mine site or along CR
23. NCC is not responsible for haulers outside of our mining operations (e.g. oil
& gas operations or other aggregate haulers entering/leaving other mine
operations in the area).
Q. Why on the noise plan do the contours bump out in areas?
A. There are structures or some barrier in those areas that detour the sound.
Q. What is the overall time frame for mining operations, from start to finish?
A. NCC estimates 10 — 15 years or sooner depending on economy. Estimated start
date of April 2019.
Q. When can we expect road construction to commence?
A. Estimated between March & May 2019.
Q. Is NCC willing to enforce truck routes on certain County Roads, will you
consider adding policy to site specific hazard training?
A. Yes, NCC will do that.
Q. How long has pit on County Road 18 & County Road 25 been in operation &
how long until it is finished?
A. Pit on County Road 18 & 25 started in 2004 & has an estimated 1 year until
completion.
6. Equipment Utilized Onsite
• Tier 4 emissions discussed
• Diesel exhaust / EPA levels discussed
Commented [NC9]: The site is surrounded by residential, so this
will be the dBA level throughout, correct? We appreciate this
sincerely!
Commented [NC10]: Can we see your site specific hazard
training documentation?
• Reduction strategies, benefits, & increased costs discussed
Q. Will NCC utilize equipment that is environmentally friendly & what tier levels
will be used?
A. Yes, tier levels 3 & 4 will be utilized.
7. Lighting Plan
• Location of lights discussed
• Scale house light discussed
• Control trailer light discussed
• Light bulbs utilized will be 60 watt downcast
Q. Will these lights be on 24/7?
A. Yes.
Q. Does NCC plan on working shift work?
A. No.
8. Dust Control
• Water truck 6,000 gallons discussed
• Utilization of mag chloride discussed
Q. Is NCC capable of keeping dust from stock piles under control?
A. Yes, water truck is equipped with a super canon (a sprayer) for wetting down
stock piles to control dust.
Q. Who do we contact for issues with dust control?
A. Please contact NCC directly for any issues with dust control.:
Q. Who is responsible for cleaning up debris on County Roads.
A. NCC is responsible. A sweeper will be onsite at all times for debris control
purposes.
9. Ground Water Impacts
• South slurry wall discussed
• North corner slurry wall discussed
• Location of monitoring wells onsite discussed
• Use of monitoring wells to assess water levels discussed
• Drain install if necessary discussed
Q. Community members are all concerned about wells drying up, what does NCC
plan to do to alleviate this concern?
A. NCC will monitor water levels to ensure water is within standard limits. NCC
can also monitor homeowners water levels , upon request. NCC encourages
homeowners to measure current property well depths & provide the data to NCC
for record. This will allow NCC to accurately measure water levels for interested
homeowners.
{ Commented [NC11]: The main number?
Commented [NC12]: Who should we contact to have these
levels measured? Can you please send out an email with that contact
information?
Q. Can homeowners set their own standards for water limits? Concern with
current standard levels being too low.
A. NCC is not opposed to homeowners setting own standards. Monitoring of
water levels is essential to determine potential impacts. Again, NCC, encourages
homeowners to provide data asap.
Q. What happens with the well monitoring procedures after mining has started
operating?
A. Well Monitoring will continue during the life of the mine according to
procedure to ensure that water levels are within the standard limits.
Q. What does a homeowner do if the water levels increase too much?
A. Notify the operator and the operator may need to install a drain. The drain will
prevent increased water levels. Monitoring wells are utilized to determine if drain
is necessary.
Q. Can standard limits be changed from 1-2 foot on south end to 1 -foot standard?
A. Yes, that request can be considered. NCC can change standard levels as
requested._
Q. Can standard limits be provided as public record?
A. Yes.
Q. Who does the public contact if they have a problem with their well?
A. The preferred is to contact the operator and work with the operator to resolve
the issue, if the operator fails to respond contact the Division of Reclamation
Mining and Safety (DRMS) division.;
10. Permits (Various)
• Wetland mitigation for access road - 0.48 -acre impact discussed
• T&E screening —discussed — no impacts found per ERC's T&E screening report
and field investigation
• Air pollutions emission notice — dust control mitigation discussed
• Seeding piles — not active for 1 year discussed
Q. Is there a height limit on not active stock piles?
A. Not currently. Height range currently considered capping at 40 feet.
Q. Will equipment be driving on top of the piles?
A. Yes.
Q. Is NCC willing to attempt to limit the height of the piles? 25 feet height is
considered too much by surrounding homeowners.
A. NCC will work with homeowners to determine an acceptable height limitation
of stock piles. NCC proposed 40 feet high.
Commented [NC13]: We would like to see the standards map,
as these levels will vary around the property. We want to ensure
your trigger points are clear for when action will be taken due to
water level changes.
Commented [NC14]: Again — we just need a contact person for
this please
Commented [NC15]: We want to ensure this limit is set and not
simply being considered. We know the meeting fell apart a bit at the
end, but this height seems agr
Commented [NC16]: Again — somewhere ' in between here
seems reasonable, of course we would prefer under 40, but would
just like to see a height limit set
Q. What is the impact to surrounding homeowners if NCC goes bankrupt?
A. NCC has posted a substantial size bond in case such a situation arises.
Q. Has bond been agreed to?
A. Yes, Division of Mining ,Reclamation, and Safety (DRMS) will not release
permits without proper bond in place.
Q. Who regulates mines & who enforces mining activities?
A. Mines requires multiple permits to operate. The agency that issues each permit
is the enforcer of those regulations.
Q. Who oversees regulatory compliance within NCC?
A. NCC supervisors regulate compliance & the state performs regulatory
compliance inspections.
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Selena,
Tisa Juanicorena
Friday, February 1, 2019 1:34 PM
Selena Baltierra
Evan Pinkham; Esther Gesick
RE: 17--072
RE183728 - modified reso.docx
I worked with Evan on the edits. Please let me know if Esther finds them acceptable to replace the language we deleted.
Hope this helps!!
Have a nice weekend!
Tisa
Tisa Juanicorena
Development Review
Public Works
1111 H Street
Greeley, CO 80634
tjuanicorena@weldgov.com
tjuanicorena@co.weld.co.us
tel: 970.400.3778
•
IAl)At
�iarli
l
N.0
•
•
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Selena Baltierra
Sent: Friday, February 1, 2019 10:54 AM
To: Tisa Juanicorena <tjuanicorena@weldgov.com>
Subject: 17--072
Setena/ aa,Lt�;eYra.
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
1
tel: 970-400-4217
sbaltierracc weldgov.com
sbaltierraco.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
2
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Attachments:
Thanks for your help Dawn
Kim Ogle
Friday, February 1, 2019 9:31 AM
Dawn Anderson
Selena Baltierra; Evan Pinkham
FW: USR17-0072
HE18-127.B_exppdf.pdf
From: Selena Baltierra
Sent: Friday, February 1, 2019 9:21 AM
To: Evan Pinkham <epinkham@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com>; Jessica Reid <jreid@weldgov.com>
Subject: FW: USR17-0072
Good morning,
I wanted to send a reminder about the email below. We need help with the language to finalize this resolution.
We would like to get it out for signing and distribution as soon as possible.
Thank you!!
Selena/ SaltTemi'
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
sbaltierra(c7weldgov.com
sbaltierra(a�co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Selena Baltierra
Sent: Friday, January 25, 2019 5:06 PM
To: Frank Haug <fhaug@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Kim Ogle <kogle@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Bob Choate <bchoate@weldgov.com>
Subject: RE: USR17-0072
1
I have attached the exported PDF with the audio; however, there is not anything specifically said in the hearing
that addresses this standard.
Evan,
We will need your help for that condition.
Thank you. Have a good weekend!
Sei&na/ Sa,Iti,err
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
sbaltierraweldqov.com
sbaltierra(cr�co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Frank Haug
Sent: Friday, January 25, 2019 3:13 PM
To: Selena Baltierra <sbaltierra@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Kim Ogle
<kogle@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Jessica Reid <ireid@weldgov.com>; Bob Choate <bchoate@weldgov.com>
Subject: RE: USR17-0072
Thanks, I think that we need to just update those sections that Selena mentioned. Do we have the audio ready
for that?
From: Selena Baltierra
Sent: Thursday, January 24, 2019 10:40 AM
To: Evan Pinkham <epinkham@weldgov.com>; Kim Ogle <kogle@weldgov.com>
Cc: Frank Haug <fhaug@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jessica Reid <ireid@weldgov.com>
Subject: USR17-0072
Good morning,
So for this case since it was a PC denial, the Board adopted the findings of Planning Staff, as you all know.
Kim sent me the findings of staff yesterday; however, there needs to be updates to the language to reflect the
hearing yesterday.
2
Kim and/or Evan, is this something you can help with?
I have attached the full reso and the sections below. There will need to be changes to C- Section 23-2-230.B.3
and we need the approved access permit for COA #1.A.15.
C. ...If the new commercial driveway is permitted, it is requested that an evaluation for necessary road work to
add turn lanes and a traffic control signal for the intersection due to significant safety concerns. The
Department of Public Works in their referral dated January 15, 2018 stated the mining access is currently
proposed to be located 55 feet south of the County Road 23/County Road 24 intersection. Public Works would
request that the applicant reconsider the proposed access point south to CR 22.5. Weld County Code Section
12A.3.2 Collector Roadways states "An access or new intersection onto a collector is not permitted unless it
meets the spacing requirements in Table 12A-2 and an alternative access or intersection to a lower classified
road is not feasible." To address this concern the applicant will acquire additional right-of-way for the
realignment of the intersection of County Road 24 at County Road 23. The access to the proposed mine will
align with the new intersection and more importantly with County Road 24. The Public Works department
continues to work with the applicant in review of the engineering drawings associated with the proposed
improvements. Public Works has determined the proposed re -alignment to be acceptable. The applicant has
submitted 90% engineered drawings addressing key concerns to public works and is currently under review.
This new alignment will require a dedication of right-of-way to Weld County. This action will be by separate
application and will be a condition of approval prior to recording the USR map. 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 Improvement Agreement to be accepted by the Board of County
Commissioners.
15) The applicant shall show and label the approved access (AP18 0000 TBD) on the site plan, if
applicable.
Thank you all in advance!!
Selenta/ 13G2tie#-ra'
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
sbaltierra(a�weldgov. com
sbaltierra(a7co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
3
RESOLUTION
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, 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 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:
2018-3728
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SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 2
A. Section 23-2-230.6.1 -- 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 23-2-230.6.2 -- 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
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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 ri ht-of-wav to
construct the realignment of the intersection of CR 24 at CR 23. the -new
commercial driveway is permitted, it is requested that an evaluation for necessary
road work to add turn lanes and a traffic control signal for the intersection due to
significant safety concerns. The Department of Public Works in their referral dated
January 15, 2018 stated the mining access is currently proposed to be located 55
feet south of the County Road 23/County Road 24 intersection. Public Works
would request that the applicant reconsider the proposed access point south to CR
22.5. Weld County Code Section 12A.3.2 Collector Roadways states "An access
or new intersection onto a collector is not permitted unless it meets the spacing
requirements in Table 12A 2 and an alternative access or intersection to a lower
classified road is not feasible." To address this concern the applicant will acquire
additional right of way for the realignment of the intersection of County Road 24 at
County Road 23. The access to the proposed mine will align with the new
intersection and more importantly with County Road 24. The Public Works
department continues to work with the applicant in review of the engineering
drawings associated with the proposed improvements. Public Works has
determined the proposed re alignment to be acceptable. The applicant has
submitted 90% engineered drawings addressing key concerns to public works and
is currently under review. This new alignment will require a dedication of right-of-
way to Weld County. This action will be by separate application and will be a
condition of approval prior to recording the USR map. 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 23-2-230.6.4 -- 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
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SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
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PAGE 4
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 1g." 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. 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.
F. Section 23-2-230.6.6 -- 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, c/o 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:
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SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 5
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.
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.
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NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE6
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.The
applicant shall show and label the approved access (AP18 0000
TBD) on the site plan, if applicable.
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
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
PAGE 7
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
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.
2018-3728
PL2529
SPECIAL REVIEW PERMIT (USR17-0072) - PIONEER LAND COMPANY, LLC, C/O
NORTHERN COLORADO CONSTRUCTORS, INC.
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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.
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, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
EXCUSED
Mike Freeman, Pro -Tern
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
Sean P. Conway
TOOK', OFFICE 1/2/2019 (after initial hearing)
Scott James
Steve Moreno
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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 the
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
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DEVELOPMENT STANDARDS (USR17-0072) - PIONEER LAND COMPANY, LLC, C/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.
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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
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