HomeMy WebLinkAbout20180003.tiffLAND USE APPLICATION
SUMMARY SHEET
Case Number: USR17-0054 Hearing Date: December 5, 2017
Applicant: Jessica Lee, c/a Bestway Concrete, Inc., 301 Centennial Drive, Milliken, CO
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) the A
(Agricultural) Zone District.
Legal Description: Lots A and B of RE -1802 and part of the Northwest quarter of Section 19,
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 392, East of and adjacent to County Road
13
Size of Parcel: 19.7 acres, more or less
Parcel Numbers: 0807-19-2-00-056,0807-19-2-00-054 and 0807-19-2-00-058
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:
• Weld County Department of Planning Services - Floodplain, referral dated September 27, 2017
• Town of Windsor, referral dated October 17, 2017
• Weld County Department of Public Works, referral dated October 17, 2017
• Weld County Department of Environmental Health, referral dated October 19, 2017
• Weld County Department of Planning Services - Engineer, referral dated October 20, 2017
The Department of Planning Services' staff has received responses from the following agencies without
comment:
• Weld County Zoning Compliance, referral dated September 26, 2017
• Extraction Oil & Gas Company, referral dated October 12, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
• Larimer County
• Poudre Valley REA
• Public Service of Colorado
• Weld County Sheriff's Office
• Weld County Building Inspection
• Fort Collins Conservation District
• State of Colorado Parks and Wildlife
• Windsor -Severance Fire Protection District
• American Telephone and Telegraph Company
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• State of Colorado, Division of Water Resources
• Weld County Office of Emergency Management
• State of Colorado, Department of Transportation
• Weld County Department of Public Works - Access
• State of Colorado Division of Mining Reclamation Safety
• State of Colorado, Department of Public Health and Environment
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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR17-0054 Hearing Date: December 5, 2017
Applicant: Jessica Lee, c/o Bestway Concrete, Inc., 301 Centennial Drive, Milliken, CO
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) the A
(Agricultural) Zone District.
Legal Description: Lots A and B of RE -1802 and part of the Northwest quarter of Section 19,
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 392, East of and adjacent to County Road
13
Size of Parcel: 19.7 acres, more or less
Parcel Numbers: 0807-19-2-00-056,0807-19-2-00-054 and 0807-19-2-00-058
Narrative:
The 19/± acre permit boundary contains one area of planned extraction totaling 19.7± 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 2-4 feet of overburden with the mineral deposit
15-20 feet in depth. The mining activities will be for two years with one year for site reclamation per written
contact with the property owner.
All mineral product will be transported from the mining area via a conveyor or an internal mine road to the
existing Bestway batch plant site located east of County Road 13 within the corporate Town Limits of
Windsor. Access will be via the existing driveway established in 1983 onto a road annexed into the Town
of Windsor under the Serfer Annexation for road right-of-way only in 2011.
Reclamation of the property will include three graded and seeded parcels of land at the current pre -mining
topographic grade without a designated end use.
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:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect.
Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
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sustainability of agriculture." Following temporary mining disturbances from the proposed Lee
mine, the reclaimed land use will be three (3) graded and seeded parcels.
Section 22-2-20.C A.Goal.3 states "County land use regulations recognize and respect the rights
afforded by the State Constitution and associated statutes of individually decreed water rights.
Water rights are considered real property and should be protected as any other private property
right." The proposed mining operation will not use or retain surface water. Mine dewatering will
occur and this water will be co -mingled with stormwater and discharged into the Cache La Poudre
River as permitted under the Colorado Department of Public Health and Environment Discharge
Permit no. COG501546. Therefore, the temporary operation will not negatively affect the
surrounding hydrologic balance or established water rights.
Section 22-4-30.B WA.Goal 2. Strive to maintain and protect water supply storage facilities,
conveyances and infrastructure adequate to sustain continued water use, and Section 22-4-
30.B.1 WA.Policy 2.1. Land use regulations should protect the historic and future operational
viability of water storage, conveyance and delivery infrastructure when applications for proposed
land use changes are considered. Following temporary mining disturbances from the proposed
Bestway mine, the reclaimed land use will be later developed to the highest possible end use, and
will likely comprise a mixed use, which may include other agricultural uses as well as light
residential, commercial or industrial uses.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of
mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1,
1975, the property is classified as F-1 (Floodplain - coarse aggregates: relatively clean and
sound). The application materials indicated that this property has 2-4 feet of overburden and that
extraction activities will remove aggregate to an average mean depth of 17 -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 existing batch plant
located within the Town Limits of Windsor located south of State Highway 392 and east of County
Road 13.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal,
state and local environmental standards."
The extraction of the resource will commence on lands adjacent to State Highway 392 and move
in a southerly direction across the site. As stated in the application there will be no materials
processing of materials on this property. The applicant proposes to utilized trucked in water for
dust suppression and abatement and will cease operations during high wind events. The applicant
also has a State of Colorado Division of Reclamation, Mining and Safety, Division/DRMS, Permit
No. M2000-144, conditionally approved amendment on March 20, 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 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 area is comprised of reclaimed gravel mines located to the west is
the former Connell Resources mine, reclaimed as a water storage basin, to the northwest is the
former Martin Marietta mine reclaimed as a water storage basin and to the north is State Highway
392, Main Street for Windsor, and across this highway is the former Flatiron Construction mine,
reclaimed as a water storage basin and lands currently improved for a single family residence.
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To the south is the Cache La Poudre river, river corridor and associated floodway and
floodplain. Residential development is located to the southwest in Larimer County and is
positioned out of the floodplain and overlooks the mine site and lower lands to the east.
To the northeast is the Windsor Gardener and High Hops Brewery and directly adjacent
to the east are water storage basins associated with the Bestway North La Poudre mine.
Directly adjacent to the south are the concrete and asphalt batch plants and associated
improvements for the Bestway mining and processing activities. Mining activity has
occurred in this location since 1983. The proposed Lee mine utilizes unmined lands north of
the current mining and batching operations with the mineral resource transported via an internal
road and conveyor to the processing area. Plant access remains the same as in 1983 with all
vehicles exiting the site through a Town of Windsor point of ingress and egress for the facility.
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 Town of Windsor
and Larimer County are within the three-mile referral area of the project site. The Town of Windsor
returned a referral dated October 17, 2017 and stated the property is located within the Coordinated
Planning Area between Weld County and the Town of Windsor and within the Town's Growth
Management Area per the Town's Comprehensive Plan and depicts this area as "Park/Open
Space". The Town requests that the historic drainage be maintained through the area including
during mining and reclamation. The Town also states the entire site is located within the Floodway
and minimum State standards for Floodways need to be met. The Town is requesting a interim
landscape treatment be implemented adjacent to State Highway 392 during mining activities and
long term post reclamation per the adopted CPA design standards. Larimer County did not return
a referral. 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 approval of this use will not jeopardize the health, safety and welfare of the
surrounding property owners.
E. Section 23-2-220.A5 -- 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. The property to be mined contains
"Irrigated Land - Not Prime" agricultural lands that do not have irrigation water, therefore, no
irrigated agricultural land will be taken out of production with this proposal. The land is presently
vacant without improvements and is planted in pasture grasses.
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.
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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 USR17-0054. (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. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State
Highways. The applicant shall contact the Colorado Department of Transportation to determine
the current and future right-of-way and delineate this right-of-way on the site plan. All setbacks
shall be measured from the edge of right-of-way. (Department of Planning Services)
5. County Road 13 is classified as an Arterial Street with an ultimate right-of-way width of sixty-
five (65) feet east of the section line. The existing right-of-way varies from thirty-five (35) feet
to forty-five (45) feet. The applicant shall delineate on the site plan the existing right-of-way
and future right-of-way for County Road 13. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by the Town of Windsor. (Town of Windsor)
6. Show and label the approved Town of Windsor access(es) on the site pan and label with the
approved access permit number if applicable. (Department of Public Works)
7. Should exterior lighting be a part of this facility, all light standards shall be delineated on the
USR Map. (Department of Planning Services)
8. 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)
9. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
10. The applicant shall show the drainage flow arrows, (Department of Planning Services -
Engineer)
11. 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.
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, and show the lighting
on the USR map. (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. The applicant/ operator shall address the requirements of the Town of Windsor and submit a
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Landscape Plan addressing the interim landscape treatment during mining activities, specific to
Chapter 19, Article VI, Section 19-6-90, Common Development Standards per the Coordinated
Planning Agreement of 2015, bearing in mind that the entire property is within the Floodway
boundary of the Cache La Poudre River. (Town of Windsor)
E. The applicant/ operator shall address the requirements of the Town of Windsor and submit the
approved haul route from the Town for all traffic from the batch plant and mine onto Town of
Windsor roads. (Town of Windsor)
2. Prior to Mining:
A. If more than one (1) acre is to be disturbed for construction of non -gravel pit items such as
structures, parking lots, laydown yards et cetera..., a Weld County grading permit will be required.
(Department of Planning Services -Engineer)
B. 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)
C. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
3. The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
4. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Map prior to recording. The completed map shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
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1. A Site Specific Development Plan and Special Review Permit, USR17-0054 for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) 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., as amended) 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., as amended. (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 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)
8. 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)
9. 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)
10. 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)
11. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
12. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
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13. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
noncompliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
14. 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)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
17. 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 -1480E effective date January 20, 2016 (Cache la Poudre 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)
18. 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)
19. Lighting on the site shall be designed so that the lighting will not adversely affect surrounding property
owners. (Department of Planning Services)
20. 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)
21. 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)
22. 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)
23. 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)
24. The property owner shall control noxious weeds on the site. (Department of Public Works)
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25. 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)
26. 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)
27. The number of employees associated with the daily operations of mining and processing operations is
limited to 6 persons per shift. (Department of Planning Services)
28. 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)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code.
33. 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)
34. 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.
35. 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)
36. 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)
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37. 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.
38. 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
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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.
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U S R17-0054
Page 12
November 13, 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
RODRIGUEZ ANDY
323 FIFTH STREET
FREDERICK, CO 80530
Subject: USR17-0054 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing in
the A (Agricultural) Zone District.
On parcel{s) of land described as:
PART NW4 SECTION 19, T6N, R67W LOT AAND B REC EXEMPT RE -1802 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PT NW4NW4 SECTION 19, T6N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 5, 2017, at 12:30
p.m. Asubsequent hearing with the Board of County Commissioners will be held on January 3, 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.
Respectfully,
Kim Ogl
Planner
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
September 22, 2017
LEE ANDY
323 FIFTH ST
FREDERICK CO 80530
Subject: USR17-0054 - Gravel Mine
On parcel(s) of land described as:
PART NW4 SECTION 19, T6N, R67W LOT B REC EXEMPT RE -1802 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART NW4 SECTION 19, T6N, R67W LOT A REC EXEMPT RE -1802 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART NW4NW4 SECTION 19, T6N, R67W 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:
Windsor at Phone Number 970-674-2400
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.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
August 28, 2017
DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
970-400-3549
FAX 970-304-6498
kogle@weldgov.corrt
Mr. Andy Rodriguez
Civil Resources, LLC
323 Fifth Street
Frederick, Colorado 80530
Subject: 7 -day Completeness Review for the Bestway Concrete Lee Property mine
Dear Andy:
The Departments of County Planning — Development Review Engineer, Environmental Health
and Planning Services have reviewed the submitted materials for the proposed Bestway Concrete
Windsor Mine, Lee property inclusion located on land described as being three parcels, Lot A and
Lot B RE -1802 and part of NW4 NW4 all in Section 19, Township 6 North, Range 67 West of the
5th P.M., County of Weld, State of Colorado.
Thank you for your application submittal. Comments concerning this land use application are as
follows:
Building Inspection: No comments at this juncture.
The contact for this land use application will be Jose Gonzales with Building Inspection,
970.400.3533.
The Environmental Health Department reviewed the application for completeness and has
determined there is not sufficient documentation to proceed with the application. Ms. Light in her
referral comment received August 15, 2017 requests additional information.
Please provide a Noise Control Plan.
Will there be a crusher located on this site?
How will mining material be transported to the adjacent site? By conveyor or vehicle?
For dust control, will interior mining roads be watered and loads covered if transported?
Is this a dry mine? The pre -app information included in this application states wet mining.
Will there be any fuel storage on site?
Will there be washing of vehicle or equipment?
Will all the secondary operations be completed on the adjacent mining site?
The contact for this land use application will be Lauren Light with Environmental Health,
970.400.2211.
County Planning — Development Review Engineer has reviewed the 7 -Day Completeness Review
and finds that there is not adequate information to review this submittal. Ms. Balzano in her
referral comment received August 24, 2017 requests additional information.
Please provide a drainage narrative.
The Drainage Narrative must describe at a minimum:
Which exception is being applied for and include supporting documentation
(6. Gravel pits if the stormwater drains into the gravel pit.)
ii. Where the water originates if it flows onto the property from an offsite source
iii. Where it flows to as it leaves the property
iv. The direction of flow across the property
v. If there have been previous drainage problems with the property
The contact for this land use application will be Hayley Balzano who may be reached at
970.400.3552.
The Department of Planning Services has reviewed the submitted materials for the Bestway Lee
property Mine application and have the following comments:
1. Please submit a Letter of Authorization stating that Mr. Mark Johnson may act on behalf
of the Bestway Company and provide evidence that the person who is appointing him to
do so has that authority.
2. Use by Special Review (Mining Operation) Application cover sheet. Please modify Legal
description to accurately define the property in review.
3. Use by Special Review (Mining Operation) Application cover sheet. Please identify that
the property is within the 100 -year Floodplain/ Floodway
4. Please submit one original Certificate of Conveyances form and attachments for each
parcel of land to be included in this application. The Conveyances must be dated to be
within 30 -days of the final submittal.
5. Please submit a copy of any oil and gas agreement for the three (3) properties, if
applicable.
6. Please submit a copy of any irrigation or ditch agreement for the three (3) properties, if
applicable.
7. Please submit one copy of affidavit and certified list of the names, addresses and
corresponding parcel identification number assigned by the Weld County and Larimer
County Assessor of the owners' property (surface estate) within 500 feet of the property
being considered.
8. Please submit a Notice of Inquiry Form from the Town of Windsor indicating that Bestway
Concrete, Inc. has spoken to Town representatives for this project. If the form is not
available, an electronic mail from the Director of Planning is acceptable stating their
position.
9. Please provide evidence of an access permit from a publicly maintain road onto, at a
minimum, one of the three parcels.
10. Please comment, are there area lights on premises for twilight operations? Will cut
sheets be provided?
11. Please resubmit the Use by Special Review (Mining Operation) Application in the following
segments:
Application
Deed(s)
Maps
Soil Survey documents, if applicable
Surrounding Property Owners — Surface Estate
Easements or Agreements with Utility Service Providers
12. Please identify all documents as being part of the application for the Bestway Windsor
Gravel Mine.
With the re -submittal of the missing application components and accompanied with the additional
information required as outlined in this letter, including the application fee of five hundred (500.00)
dollars planning staff will set the case for processing if the application is deemed complete.
This phase of the planning process is a content review of the submitted materials, NOT a technical
review. Comments made during this phase of the process will not be all-inclusive. County staff
will perform a detailed technical review of the project once the submittal application is deemed
acceptable and is promoted to the review phase of the planning process. With documents and
formatted materials received as specified herein and re -submitted to this office for case initiation
and set-up, staff will commence with the referral process. Should you have additional questions
or require clarification on any of the points presented herein, please contact Kim at 970.400.3549.
Thank you.
incerely,
Ki •� e
Pla • in+ Services
File: Bestway Windsor, PRE16-0287
FIELD CHECK
USR17-0054
Bestway Concrete Company
Inspection Date: November 20, 2017
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) the A (Agricultural) Zone District
Zoning
Land Use
N
A (Agricultural)
N
Residence and Reclaimed Gravel Mine utilized for water
storage (SUP -17)
E
A (Agricultural)
E
Gravel Mine AmUSR-571 (George & Betty
Hall)
S
Town of Windsor
S
Active
Concrete
Batch
Plant
(Bestway Concrete)
W
Larimer County
W
Reclaimed Gravel Mine utilized for water storage
The property is fenced in three strand barb wire and is posted as a Mine Site. Aside from the
prairie dog colonies located across the landscape, the three parcels are vacant. There is no
direct access onto either State Highway 392 or onto County Road 13.
The site lies low to the both adjacent roads and there are gravel deposits visible at the surface.
Access to the parcels will be from the south through the existing Bestway Concrete Plant
operations area.
No visual signs of a land use violation were present.
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