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Home My WebLink About20183730.tiffLAND USE APPLICATION SUMMARY SHEET ccUNrz; Case Number: USR17-0072 Hearing Date: February 20, 2018 Applicant: Pioneer Land Company, LLC, do Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, CO 80621 Request: 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 the A (Agricultural) Zone District. Legal Description: Lots A and B of RE -4429 being part of the NW4 and Lot A RE -4439 and Lot B Am RE -4439 being part of the N2 of Section 12 and the SW4 SE4 Section 1, all in Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North and South of and adjacent to County Road 24 Section Line, East of and adjacent to County Road 23 and North of and adjacent to County Road 22.5 Size of Parcel: 190.6 acres, more or less Parcel Numbers: 1311-01-0-00-016; 1311-12-2-00-044; 1311-12-2-00-042; 1311-12-2-00-041 and 1311-12-2-00-004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comment: • City of Fort Lupton, referral dated December 26, 2017 • Weld County Department of Planning Services — Floodplain, referral dated January 8, 2018 • Weld County Department of Public Works, referral dated January 15, 2018 • Weld County Department of Environmental Health, referral dated January 12, 2018 The Department of Planning Services' staff has received responses from the following agencies without comment: • Weld County Zoning Compliance, referral dated December 18, 2017 • United Power, referral dated December 19, 2017 • Weld County Sheriff's Office, referral dated December 27, 2017 • Central Weld County Water District referral dated January 4, 2018 • Anadarko Petroleum Corporation referral dated January 9, 2018 • Town of Platteville referral dated January 30, 2018 The Department of Planning Services' staff has not received responses from the following agencies: • Century Link • Town of Firestone • Panhandle Western Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 1 • Kerr-McGee On Shore, LP • U. S. Army, Corps of Engineers • Weld County Building Inspection • Meadow Island Levee Ditch No. 1 • Platte Valley Conservation District • Fort Lupton Fire Protection District • State of Colorado Parks and Wildlife • State of Colorado, Division of Water Resources • Weld County Office of Emergency Management • State of Colorado, Department of Transportation • State of Colorado Division of Mining Reclamation Safety Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 2 LAND USE APPLICATION SUMMARY SHEET Case Number: USR17-0072 Hearing Date: February 20, 2018 Applicant: Pioneer Land Company, LLC, do Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, CO 80621 Request: Legal Description: Location: 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 the A (Agricultural) Zone District. Lots A and B of RE -4429 being part of the NW4 and Lot A RE -4439 and Lot B Am RE -4439 being part of the N2 of Section 12 and the SW4 SE4 Section 1, all in Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado North and South of and adjacent to County Road 24 Section Line, East of and adjacent to County Road 23 and North of and adjacent to County Road 22.5 Size of Parcel: 190.6 acres, more or less Parcel Numbers: 1311-01-0-00-016; 1311-12-2-00-044; 1311-12-2-00-042; 1311-12-2-00-041 and 1311-12-2-00-004 Narrative: The 190.6± acre permit boundary contains two areas of planned extraction totaling 114.8± acres. The mine will be will be dewatered and dry mined without the installation of a slurry wall. The aggregate deposit varies in composition, depth and extent. Generally, there is 3-10 feet of overburden with the mineral deposit 26-50 feet in depth. Annual production is expected to be between 500,000 and 75,000 tons depending on market demands, this production rate translates to 4-9 years of mining per phase. The mining activities including reclamation will be approximately 10-15 years. All aggregate will be mined with an excavator and/or loader with the raw product being conveyed to the processing facility located east of County Road 23 via haul trucks and conveyors. The mine will be reclaimed as a lined water storage reservoir with 2 cells. All disturbed areas will be reclaimed and seeded with the seed mix when the reclamation activity for each phase is completed. Evergreen trees will be planted along the north side of the entrance road on berms constructed parallel to the property line in that area of the mine for screening. The screening berms will be constructed and the screening trees will be planted at the beginning of mining activities. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 3 A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.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. Section 22-5-80B 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. 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 County Road 23 south of County Road 24 Section Line. 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facilities including Open Pit Mining and Materials Processing (sand, gravel and stone), in the A (Agricultural) Zone District. C. Section 23-2-220.A.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 1/2 to the south. Sand and gravel operations are 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. Planning staff has received one (1) letter 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 Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 4 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 & County Road 24 intersection, including traffic patterns and average large vehicle speeds. 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." Due to the offset from County Road 24 at the proposed access, if the applicant chooses to proceed with the proposed request Public Works would request to see access improvement construction drawings. If the access on County Road 23 is approved, Public Works is requiring an Improvements Agreement for off -site improvements that will include the addition of a left hand turn lane on northbound County Road 23, a right hand turn lane on eastbound County Road 24, and a road maintenance agreement. Auxiliary lane requirements are due to existing traffic counts as well as the offset of the proposed access from County Road 24. Public works is reviewing the improvements that would be required if the access is to be located on County Road 22.5. The Departments of Public Works and Planning Services will request a continuance of this case until the access permitting requirements have been met for this mine site. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The Towns of Firestone and Platteville and City of Fort Lupton are within the three-mile referral area of the project site. The City of Fort Lupton in their referral dated December 26, 2017 states "The City of Fort Lupton has had numerous conversations with the property owners concerning the potential annexation and understand the property owners do not wish to annex at this time. This site is within our comprehensive plan area. The future rights of way for County Road 22.5 is 110 feet and County Road 23 is 120 feet. We request the future right of way be taken into consideration, and the applicant should contact Public Works to discuss impacts to County Road 18." As a condition of approval, should the applicant's haul route include the use of County Road 18, a Road Maintenance Agreement may be required for off -site improvements including, but not limited to dust control, damage repair, specified haul routes and future traffic triggers for improvements. The Towns of Firestone and Platteville did not provide a referral response. The proposed permit area currently consists of pasture grasses and in general the surrounding property is primarily irrigated and non -irrigated agricultural lands. There are three reclaimed mineral resource developments within one mile of this proposed facility. Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 5 approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposed mine is located within a FEMA regulatory floodway and floodplain. A Flood Hazard Development Permit is required for any development in the floodplain. Building Permits issued will be required to adhere to the fee structure of the County -wide Road Impact; the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. 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 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open -mining has been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The 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) 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) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 6 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 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) 10. Show and label the approved tracking control on the site plan. (Department of Public Works) 11. 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) 12. The applicant shall show the drainage flow arrows. (Department of Public Works) 13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 14. Show and label the approved access (AP18-0000 TBD) on the site plan, if applicable. (Department of Public Works) 15. 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) 16. 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) 17. 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) 18. 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 applicant shall submit a Lighting Plan with cut -sheets for the proposed light standards to be utilized at the mine for review and approval. (Department of Planning Services) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 7 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. Road maintenance including, 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 proposed access improvements construction drawings to Public Works prior to recording the USR Map. (Department of Public Works) 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 Planning Services -Engineer) 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 added for each additional 3 month period. (Department of Planning Services) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 8 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) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 9 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) 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) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 10 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. Lighting on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 26. 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) 27. 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) 28. 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) 29. 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) 30. 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; 2014 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 31. 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) 32. 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) Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 11 33. 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) 34. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15' 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) 35. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 36. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 37. The property owner or operator shall be responsible for complying with the Open -mining Standards of Section 23-4-250, Weld County Code. 38. 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) 39. 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. 40. 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) 41. 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) 42. 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 Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 12 are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 43. WELD COUNTY'S RIGHT TO FARM: 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, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Pioneer Land Company, LLC c/o Northern Colorado Constructors, Inc. USR17-0072 Page 13 January 23, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 JC YORK 305 DENVER AVE STE D FORT LUPTON, CO 80621 Subject: USR17-0072 - 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 On parcel(s) of land described as: SW4SW4 OF SECTION 1, T2N, R67W AND PART OF THE N2 OF SECTION 12, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 20, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 7, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectful) Kim Ogl Planner January 23, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 JC YORK 305 DENVER AVE STE D FORT LUPTON, CO 80621 Subject: USR17-0072 - 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 On parcel(s) of land described as: SW4SW4 OF SECTION 1, T2N, R67W AND PART OF THE N2 OF SECTION 12, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 6, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 5, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectful) Kim Ogl Planner December 18, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 JC York 305 Denver Avenue Suite D Fort Lupton, CO 80621 Subject: USR17-0072 - Open Pit Mining (sand, gravel and stone) and materials processing On parcel(s) of land described as: SW4SE4 SECTION 1, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. PT N2 SECTION 12, T2N, R67W LOT A REC EXEMPT RE 4439 OF THE 6TH P.M., WELD COUNTY, COLORADO. PT N2 SECTION 12, T2N, R67W LOT B AMD REC EXEMPT AMRE-4439 OF THE 6TH P.M., WELD COUNTY, COLORADO. PT NW4 SECTION 12, T2N, R67W LOT B REC EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO. PT NW4 SECTION 12, T2N, R67W LOT A REC EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Fort Lupton at Phone Number 303-857-6694 Firestone at Phone Number 303-833-3291 Platteville at Phone Number 970-785-2245 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Planner FIELD CHECK - USR17-0072 Inspection Date: January 18, 2018 Applicant: Pioneer Land Company, LLC, do Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, CO 80621 Request: Legal Description: Location: 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 the A (Agricultural) Zone District. Lots A and B of RE -4429 being part of the NW4 and Lot A RE -4439 and Lot B Am RE -4439 being part of the N2 of Section 12 and the SW4 SE4 Section 1, all in Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado North and South of and adjacent to County Road 24 Section Line, East of and adjacent to County Road 23 and North of and adjacent to County Road 22.5 Zoning Land Use N AGRICULTURE N Single Family Residence and Floodplain escarpment E AGRICULTURE E Floodplain escarpment, South Platte River and Agricultural Lands S AGRICULTURE S Single Family Residence and Agricultural Lands W AGRICULTURE W Agricultural Lands Comments: The majority of the property is within the South Platte River corridor and located on lands that appear to be prone to flood events. The property is fenced in a three -strand barb wire on wood posts. Access to the property is gated and there are numerous oil and gas encumbrances located on site. The property is vacant, although there are buildings including a residence located to the north end of the property. County Road 22.5 is a gravel road and is located adjacent to the property to the south. Heading to the west, County Road 22.5 at the intersection of County Road 23 has limited sight distance looking south. There is a dip in the road heading north to CR 22.5. Looking north from CR 22.5, there is a hedgerow of trees that limits visibility and requires vehicles to move toward the CR23 right-of-way to gain a better view. County Road 23 is a paved road with a slight rise to the north. As with CR 22.5, SR 23 has several individual access points for residential and agricultural access points. Near the top of the rise on CR 23 is the proposed site access to the mine. The access is offset from the intersection of County Road 24. There is a residence immediately adjacent to the north property line. The access westbound from the mine site appears to encroach on the historic turning movements associated with the Cantrell residence. County Road 24 west bound has a stop sign for east bound traffic, but apparently this is an optional traffic control device and several vehicles rolled through the sign and headed south on CR 23. Signature o House(s); 1 o Outbuilding(s): None readily identified o Access to Property: Offset and has turning movement issues ❑ Site Distance: Limited from south ❑ Oil & Gas Structures: Yes ❑ Topography: Upper terrace sloping to east to South Platte River Note any commercial business/commercial vehicles that are operating from the site.: None Present Hello