HomeMy WebLinkAbout20183729.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
2
a
USR 11 eDoi a
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for denial 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 17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO
CONSTRUCTORS. INC.
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT
MINING (SAND. GRAVEL AND STONE) AND MATERIALS PROCESSING IN THE
A (AGRICULTURAL) ZONE DISTRICT
SW4SE4 OF SECTION 1. T2N. R67W AND PART OF THE N2 OF SECTION 12,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 23; NORTH OF CR 22.
be recommended unfavorably 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 not shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. 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.
The Planning Commission is concerned with the health and safety of the inhabitants of the
neighborhood and do not believe the application has met these standards. Further stating that it is
hard to determine if it is a health and safety issue until they have the appropriate information regarding
traffic numbers.
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.
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0072. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
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. (Department of Public
Works)
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 2
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 (City of Fort Lupton)
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 (Department of
Public Works)
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 (Department of
Public Works)
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 (City of Fort Lupton)
9 Show and label the approved intersection re -alignment of County Roads 23 and 24 (Department
of Public Works)
10 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 (Department of Public Works)
11 Show and label the approved tracking control on the site plan (Department of Public Works)
12 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)
13 The applicant shall show the drainage flow arrows (Department of Public Works)
14 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
15 Show and label the approved access (AP18-0000 TBD) on the site plan, if applicable
(Department of Public Works)
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
(Department of Planning Services)
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 (Department of Planning Services)
18 Show the floodplain boundaries on the map Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number (Department of Planning Services — Floodplain)
19 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 (Department of
Planning Services)
B If exterior lighting is proposed the operator should consider to incorporate the dark sky policy, the
applicant shall submit a Lighting Plan with cut -sheets for the proposed light standards to be utilized at
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 3
the mine for review and approval (Department of Planning Services)
C 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)
D 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 not limited to dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included (Department of Public Works)
E 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 their referral dated December 26, 2017 (City of Fort Lupton)
F The applicant shall submit road re -alignment and access improvement construction drawings stamped
by a Colorado registered professional engineer to Public Works for final approval and acceptance
(Department of Public Works)
G 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
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 (Department of Public Works)
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 (Department of Public Works)
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 (Department of Planning Services)
D Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation (Department of Public Works)
E 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 2005-7 approved June 1, 2005, should the map not be
recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50 00 recording continuance charge shall be added for each additional 3 -
month period (Department of Planning Services)
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 4
Motion seconded by Richard Beck
VOTE
For Denial
Michael Wailes
Tom Cope
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Denial
Bruce Johnson
Bruce Sparrow
Gene Stifle
Absent
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, Kristine Ranslem, 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 November 6, 2018
Dated the 6th of November, 2018
Kristine Ranslem
Secretary
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Northern Colorado Constructors, Inc
USR17-0072
1 A Site Specific Development Plan and 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, 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 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 (Department of Public Health and Environment)
12 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)
13 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)
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 6
14 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health
and Environment)
15 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
16 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code (Department of Public Health and Environment)
17 The property owner shall control noxious weeds on the site (Department of Public Works)
18 The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking (Department of Public Works)
19 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
20 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)
21 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
22 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
23 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 (Department of Planning Services -
Floodplain)
24 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 (Department of Planning Services - Floodplain)
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)
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, CIO NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 7
28 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)
29 Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the
time of permit application Currently the following has been adopted by Weld County 2012 International
Building Code, 2012 International Mechanical Code, 2012 International Plumbing Code 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 (Department of Building Inspection)
30 Building Permits issued on the parcel(s) 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)
31 The number of employees associated with the daily operations of mining and processing operations is
limited to 10 persons per shift (Department of Planning Services)
32 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)
33 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services (Department
of Planning Services)
34 The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code
35 The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code
36 The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code
37 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)
38 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
39 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)
40 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)
RESOLUTION USR17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO CONSTRUCTORS, INC
PAGE 8
41 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
42 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
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
Imo" \flUt€�
Izols
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 6, 2018
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: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused: Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez, Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
Skip Holland entered the meeting at 1:40 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
U S R 17-0072
PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO
CONSTRUCTORS, INC.
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT
MINING (SAND GRAVEL AND STONE) AND MATERIALS PROCESSING IN
THE A (AGRICULTURAL) ZONE DISTRICT
SW4SE4 OF SECTION 1. T2N, R67W AND PART OF THE N2 OF SECTION 12,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 23; NORTH OF CR 22.
Kim Ogle, Planning Services, presented Case USR17-0072, reading the recommendation and comments
into the record. Mr. Ogle noted that one (1) letter was received outlining concerns of traffic and speed. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Mr. Pinkham noted that the access has been realigned so that the access to the site aligns with
County Road 24. An Improvements and Road Maintenance Agreement will be required for this site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
JC York. 305 Denver Avenue, Fort Lupton, Colorado, stated that this is a gravel mining operation and they
have received approval from the Division of Reclamation, Mining and Safety. They will mine the property
from north to south. Mr. York said that they initially proposed batch plants at this facility; however, they are
no longer proposing that. He added that they are proposing 35 round trips each day and they will operate
during daylight hours.
Commissioner Stille asked what the life of the mine is. Mr. York said that it will be mined approximately 10
to 15 years with approximately 500,00 to 750,000 ton per year mined.
Commissioner Wailes asked if the trucks belong to the applicants or if they are the buyer's trucks. Mr. York
said it will be both.
Commissioner Cope said according to his calculations, with 500,000 tons per year he expects 68 trucks
per day, 365 days per year and it doesn't compare to the proposed 35 trips per day. Mr. York said that they
wanted to be able to increase their trips if market demand goes up.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Nicole Cantrell, 11176 CR 23, Fort Lupton, expressed concern regarding the increase of traffic and safety
She was alarmed at the number of 35 trucks per day and appreciates the correction by the Planning
Commissioners She added that there are oil and gas pipelines under their driveway with the assumption
that there wouldn't be industrial traffic running over those pipelines She also expressed concern that the
applicants would mine through an existing wetland area
Commissioner Wailes asked if the realignment of County Roads 23 and 24 will solve some of these
problems Ms Cantrell said that in terms of people wrecking on their property it will be less and added that
they have not seen this realignment until today She said that in terms of truck traffic and noise pollution
this will only make it worse
Howard Cantrell, 11016 CR 23, echoed the same comments He said that a few years ago they went
through the design on County Roads 22 and 24 access from Highway 85 to 1-25 He said that he doesn't
understand why they are going through this realignment when they could go back to this plan which would
move it further south He asked why this plan wasn't used
Brad Windell, 11044 CR 22 5, submitted a letter to the Planning Commission He is concerned with the
mining plan and silicosis, which is the breathing of dust He suggested that they put up walls like the oil
and gas install to prevent dust and noise He expressed concern with the impacts to his farm well, noise,
the visual effect, weed control, night lighting, and ingress/egress of the site
Commissioner Ford asked if his well is a surface water well or aquifer well Mr Windell replied that this is
a surface water well with domestic and agricultural use
Commissioner Stile asked if the concern with the well is that it will be depleted or decreased Mr Windell
said his fear is that it will be decreased and would like some sort of trigger point to monitor it
Mr Windell showed a visual picture of the dust blowing over to his property from truck traffic
Heidi Windell, 11044 Cr 22 5, said that this area has been beautiful for the past 25 years She added that
she is concerned with the wildlife (owls, bald eagles), light pollution, dust control, noise pollution, limited
hours of operation (no weekends), and incorrect truck trip numbers
Mr Cantrell said that they have a lower field and their groundwater table is 18 inches to 2 feet and he is
worried about the slurry walls creating a mounding problem which could make those into wetlands instead
of farm ground
Mr York said that they have triggers with the Division of Reclamation, Mining and Safety and it is +/- 2 feet
in variation of groundwater He said they are currently monitoring groundwater so they have been getting
a baseline of what groundwater is currently He added that they have an agreement with Mr Windell
addressing a lot of those concerns and have asked to monitor Mr Windell's well to once the slurry water
goes in
Mr York said that they submitted a groundwater model to the Division of Reclamation, Mining and Safety
that showed a slight mound on the south side +/- 1 foot and they will continue to monitor those wells He
added that they have been monitoring these fluctuations since 2017
Mr York stated that they did perform a threatened and endangered species screenings on the entire area
of the pit He added that they have a Corp of Engineers Permit to impact 48 acres of wetlands and they
will mitigate for that as well
With regard to the dust they will have a water truck to mitigate the dust and this will also be part of the
mitigation plan for the Air Emissions Permit
Mr York said that in regard to visibility they can do things outside the floodplain as they can't berm in the
floodplain He added that they can plant trees and along the access they will berm and plant trees
2
Commissioner Ford referred to Ms Cantrell and the concern of the pipelines under the road and asked if
they were concerned about that as well Mr York said that they have talked to Anadarko and they have a
Surface Use Agreement to bring the road over the top He added that Anadarko's engineering looked at
the plan and didn't have a concern with their truck traffic based on their cross section and depth to those
pipelines
Commissioner Stifle asked how many acres will be mined and asked how large the reservoirs will be in
acre feet Mr York said that the north reservoir is approximately 33 acres and the south reservoir is 65
acres He added that between 1500 and 2000 acre feet when it is done Mr York said that the storage will
stay with Mr Bennett, who is the landowner
Commissioner Wailes asked what kind of lighting will be on site Mr York said that there will only be one
light at the scale house, which will be downcast and shielded
Commissioner Wailes asked for clarification on the hours of operation Mr York said that they will operate
during daylight hours Chris Zadel, Northern Colorado Constructors, 9075 CR 10, added that they will work
2 Saturdays of each month, with an additional Saturday to perform maintenance and no work on Sundays
Commissioner Wailes asked what the real traffic numbers are Mr York said that the real traffic numbers
that are in the application are based on what NCCI currently does at their existing pit He added that they
would like to do more if market demand allows them to sell more which is why they estimated 500,00 to
750,000 ton limitation in the permit So if it gets up to that amount it will be more than what the numbers
show Mr Wailes asked if these are round trips Mr York replied yes
Commissioner Wailes asked Public Works to explain the proposed realignment Mr Pinkham said that in
2008 a Corridor Study was completed by Weld County It was an assessment of linking County Road 22
up to County Road 24 and several alignments were reviewed in that Corridor Study The preferred
alignment would link up to the access on County Road 24 He added that realigning the access as depicted
in the construction drawings wouldn't change the way it would line up, if the County decided to go down
that path He said that he would assume this alignment would come with more development from either
Firestone, Frederick or Ft Lupton Mr Pinkham referred to accesses approved along County Road 23 and
said that in this particular access they worked with the applicant to try and align it with County Road 24 and
that is why the roadway is being shifted He added that they try to mitigate the traffic concerns from the
additional traffic from this site
Commissioner Wailes asked what options they have for controlling noise Mr York said that there are
mufflers on the equipment With regard to noise on the processing plant, they have a polyurea lining so
that it helps with noise when washing the rock He added that they could still talk about screening as well
The Chair asked Staff if they had any changes to the Draft Resolution Mr Ogle recommended deleting
Condition of Approval 2 E since the applicant has submitted evidence of financial warranty
Motion Delete Condition of Approval 2 E, Moved by Gene Stifle, Seconded by Bruce Sparrow Motion
carried 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
Commissioner Cope said that he is in support of sand and gravel mining as it is the heart of development
throughout the whole area However, he is concerned that the application and the traffic study are not in
sync with each other He added that in reviewing the material, the traffic study calls out 16 ton trucks, 10
per day, and 22 ton trucks, 25 per day He said this was provided to the traffic engineer by J&T Consultants
He realizes that this is from an existing sand and gravel pit that is in the area, however, in their application
they are hoping to mine 500,000 to 750,000 tons per year Based on his information of 500,000 ton per
year using a 20 ton average truck he calculated almost 70 trucks per day round trip He doesn't believe
this traffic study is accurate for what the applicant is proposing to do He is leaning toward denial for this
applicant since they don't have all the facts and believes it is a health and safety issue He said that the
applicant may be wise to put this on hold and go back through and revise their traffic study and application
3
Commissioner Johnson said that according to his calculations he has 180,000 tons per year based on the
applicant's numbers He believes that there will be less trucks needed to mine what they are saying He
said that there needs to be some pieces put together that should be addressed before the County
Commissioner hearing
Motion Forward Case USR17-0072 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stifle, Seconded by Bruce Johnson
Vote Motion failed (summary Yes = 4, No = 5, Abstain = 0)
Yes Bruce Johnson, Bruce Sparrow, Gene Stile, Lonnie Ford
No Elijah Hatch, Michael Wailes, Richard Beck, Skip Holland, Tom Cope
Commissioner Cope said that he doesn't believe the applicant has met the standards for Section 23-2-
220 A 7 regarding health and safety
Commissioner Sparrow said that they have made it apparent that the numbers don't jive and encouraged
the applicant to make them right before the County Commissioner hearing
Commissioner Johnson said that the mining needs to take place there because that is where the gravel is
He added that most of the concerns have been mitigated and felt that the company did a good job of
addressing the concerns
Commissioner Wailes referred to Section 23-2-220 A 7 regarding health and safety
The Chair stated that the motion has failed and asked if there was another motion for denial
Motion Forward Case USR17-0072 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Tom Cope, citing Section 23-2-220 A 7, Seconded by Richard Beck
Vote Motion passed (summary Yes = 6, No = 3, Abstain = 0)
Yes. Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope
No Bruce Johnson, Bruce Sparrow, Gene Stifle
Commissioner Cope said that he is concerned with the health and safety of the application information that
has been provided He added that it is hard to determine if it is a health and safety issue until they have
the appropriate information
Commissioner Beck said that he doesn't feel they have the proper information
Commissioner Wailes said that this application is really close but there is still some cloudiness around the
health, safety and welfare issue
Meeting adjourned at 8 05 pm
Respectfully submitted,
4': -d Axe &m..
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
11Ja
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL_
_
John Doe
123 Nowhere Street, City, State, Zip
i r 1
i 4 _ . ( i '1. ' ., '• ;,)___,..._.r_ 1
,e�' �1, ryEgti b'J /I
•
i '.�J.L._ ?. __! s.l.
II, "]L' C12 2",,, 1 -d J-
,'.of'l�, r'.1
�
ends 4r1uLrr(2-
1PGL t_ '1 {:,-,.tly� h.::(_,
r L..0._.. -1. I
., - ��_, .•, 7 •t. ' -- _- , i_ �d
Ir1rFi77(Y_)r=.rr"'rlrr� I r,",
i�ief r_ (lr .�
15 (71 Z' i f 4 51 , L•,v,sl rr r 0 U(h)1
j
Iii; 'NGG
,[
d } } 3 f.r } 1, C. lr''
1', TI.'. c 71}
tV,. 1e -r'.. tF i--
l4%,./) A- A'y' /LL<{.t` Ce Jr.L/r'
0--.. - '1;-f•• _
ao l CR$ R„ 1-+o c�Lbn i
t',[u „A f f ; i-i 'L 2
tS'ir1`I f Gt - ff 1 lc , Ldole.stmi?slee fry <-90 ..,,
r GJ R Mr, I . [ ,
''r...,
Ni-.f,..L;,: R..1 .r
_.'_'ti. • • 'r-' -t. ". .• . ',./
YFr,1.laLe e". -.L. rr
,1..-
- •i'..
s 7 ' . .: . ,. "",1 1.•.�1.
CJh&kt�r�1e. 'r'�?:-
�.
-..ti.
I lr• ,
- ---
.;
'r `. ' i r� c S /- ; ..�
'�
(( )7 ++ a
iHC SFl, k�aC e. �,on fr7
`-
[_ ) r,, Gy.L.L, IL
.31. =1 1( C ,\ �R E..."._ _ L.,. ,_. r `i
- .1-7 KZ ,.1. . _
1.�•• .. - . f`
1 1 l� r- t-, ' Y,Vff - N4
,1, .Sr1,M1,e,46,1.41.,fIndk.. rd.
C.\\rtS pAi-.
lo 75 Ci.. fJ c,,-4 1-1,6,-, Gn 606'L1
',F,SyCnC6.AS4.,-.).:s
. 4 To, -F
ycl5 r,...-- FY./2/f_,,• E," .......:1-_,&-r r..�i L..44•, 5,
�'f.._:.arL(T 1 t'8n 4-rt..., ..'.�:
-
ii• r1J_.
-,f N //++ .,).. P,I 1.--..). _ r,.. cr.tif,
!I.5 FIJ,. ...t..1.6 en: --
ke
, AI ,, 1 1 ', -�_ -
'J • ^ • .
t-i.,
�•{_,
4.,t '..r
3(IZV Y,1T1ae' C,i- c. '.L Cu Pc�_3l
�esur]� acLc�(�,5ia
7.,
F.'r!i zu}I,:,,,,
-'r-, if :,i-. W-.1ef re.Lr, ,'?_ .i,y{,
„11.,I.JI'y.,,rilrlr,,.,:frzmr.J;de.
I ,_-' . -
iern
17wi,.ru ' ,.[ c
:r'1''' 'f{.w •.'Ive.1,-. .'?l l cif ;, c,I rr Kk ''t
`. i C
J`'�"^�L..--r" . Vw'—
-f _ -_�cnrN�.�'k;.,7%�_.�r'�4S{�Wrt�tlr3.
wr
irP�':.',,:-".L-7,6,- h�.t� �. ti � ._� �, i,
�.
w Ito, �' to ok
.+..,
�
r✓
Or•I KLOr-
ATTENDANCE RECORD
NAME • PLEASE PRINT LEGIALY
I n Doe
1 rY
ADDRESS
123 Nowhere Street. CIttr. State, Zip_ f
(r ti - I"r", �. ,j 4r � �_,�y fir.; SJ r c
q) %f) L k�f� �A! 7 So i ( rr X i}.5.2e
37L F f'>;Ge [..•I Cp ?vGiJ
EMAIL
i
r
L// /17ri
P i ff � c 5 ,Llek\o 1,�� i11��'�' �1�4 1�uti1Ll. �. [ �i:1,..r s�~t,c I� :,',tn1f,,,1
/1
a j..
r0. Lf _1c,
?! • i ti � i+1
5th G S tt ,
«ti_L e „per L1
v
ri, f '.,14,i,i,.a~y „SF �, -r. Pi:r,!
.�21$6W.cc.
r j.,x"( is�iAtA, �e65__
it.
,,5rNJ�r��i
fi iElz- s 31. b , A149f c 6. sfIG3 y C 4 .. �-S ea -a
g, .ctint
.5"J/00 //f
-24.o 37 eat" V9 .44Toi) (S�JI
Hello