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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR18-0044
Tricycle Lane Texas, LLC
c/o Clifford Hahne, President, Burnco USA, 301 Centennial Drive, Milliken, CO
Hearing Date: September 18, 2018
Sam Eliason, United Civil Design Group, LLC; 1501 Academy Court, Fort Collins, CO
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Concrete Batch Plant materials processing
(crushing and screening) material stockpiles, an office, outdoor truck and employee
parking in the A (Agricultural) Zone District
Lot B 2nd Amended Corrected Recorded Exemption RE -1053 being a part of the SE4 of
Section 12, Township 5 North Range 65 West of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 58; Approximately 2900 -feet west of County
Road 49.5
Size of Parcel: +/- 34.37 acres Parcel No. 0961-12-0-00-130
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 referral responses with comments from the
following agencies:
Weld County Department of Public Health and Environment, referral dated July 3, 2018
Weld County Department of Public Works, referral dated July 2, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V V V V
Weld County Zoning Compliance, referral dated June 5, 2018
Greeley -Weld Airport Authority, referral dated June 5, 1018
Weld County Planning - Floodplain, referral dated June 8, 2018
Weld County School District RE -7, referral dated June 7, 2018
West Greeley Conservation District, referral dated June 11, 2018
Central Weld County Water District, referral dated June 18, 2018
Colorado Parks and Wildlife, referral dated June 22, 2018
Weld County Sherriff's Office, referral dated June 22, 2018
City of Greeley, referral dated July 5, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Kersey
Y PDC Energy, Inc.
Y Noble Energy Inc.
Y Plumb Ditch Company
Y Platte Valley Fire Protection District
Y Colorado Department of Transportation
Y Colorado Division of Labor and Employment
Y Weld County Department of Building Inspection
USR18-0044 BURNCO USA; Page 1 of 13
Planner:
Case Number:
Applicant:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR18-0044
Tricycle Lane Texas, LLC
c/o Clifford Hahne, President, Burnco USA, 301 Centennial Drive, Milliken, CO
Hearing Date: September 18, 2018
Representative: Sam Eliason, United Civil Design Group, LLC; 1501 Academy Court, Fort Collins, CO
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Concrete Batch Plant materials processing
(crushing and screening) material stockpiles, an office, outdoor truck and employee
parking in the A (Agricultural) Zone District
Lot B 2nd Amended Corrected Recorded Exemption RE -1053 being a part of the SE4 of
Section 12, Township 5 North Range 65 West of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 58; Approximately 2900 -feet west of County
Road 49.5
Size of Parcel: +/- 34.37 acres Parcel No. 0961-12-0-00-130
Case Summary:
BURNCO USA, a Bestway Concrete Company and a Hall -Irwin Company subsidiary is proposing the
development of the Nissen Farm Ready -Mix Concrete Plant. The proposed facility is located north
of and adjacent to County Road 58; Approximately 2900 -feet west of County Road 49.5. Adjacent to
the north is the existing concrete plant and mine for sands, gravels and stones located within an existing
slurry walled mine permitted under USR-1453, approved in 2005. The uses proposed through this
request is for a permanent ready -mix concrete plant, an office and shop, truck and employee parking,
crushing and screening, and material stock piles on a parcel of land located south of and adjacent to the
current mine location.
The proposed site was selected due to proximity to the State Highways as well as growing
communities. The Nissen Farm facility will provide Ready -Mix Concrete products to any number of
potential Weld County and Northern Colorado customers both in the public and private sectors.
Aggregate received at the site will include crushed stone, sand, gravel, and recycled concrete product.
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:
USR18-0044 BURNCO USA; Page 2 of 13
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G.3 - A.Policy 7.3. states "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but, should not
determine the appropriateness of such conversion."
The proposed facility is located within the Intergovernmental Agreement Area (IGA) between
Weld County and the Town of Kersey. This site, while located within the IGA for the Town of
Kersey and within the Kersey Influence Area, is located in an "Undetermined Use" area per the
Future Land Use - Large Scale map within the 2016 Comprehensive Plan.
The applicant met with the Town of Kersey Town Administrator in 2016. The Town did not
express concerns for this application at the time of meeting. The intent of the meeting was
to discuss the project.
Section 22-2-80. 1.Goal 1. States "Promote the location of industrial uses within municipalities,
County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas,
growth management areas as defined in municipalities' comprehensive plans, the Regional
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably obtainable."
The proposed relocated plant site is within the Intergovernmental Agreement area between the
Town of Kersey and Weld County. The property has access to highway infrastructure which is
essential to deliver aggregate materials to the site from out of state and to deliver materials
from the site to growing communities in Weld County and Northern Colorado.
Representatives for BURNCO USA met with the Town of Kersey, the nearest municipalities to
the site, to discuss haul routes in the area and the overall fit of the project within the area.
Section 22-2-80.C (.Goal 3. States "Consider how transportation infrastructure is affected by
the impacts of new or expanding industrial developments."
BURNCO USA will be required to enter into an Improvements Agreement with Weld County to
for off -site improvements, a road maintenance agreement a construction maintenance agreement and
an access improvements agreement at this location. The applicant's Traffic Study has been
reviewed by representatives for CDOT who did not return a referral response.
Section 22-2-80.E. (.Policy 5.2. states "Development improvements should minimize
permanent visual scarring from grading, road cuts and other site disturbances. Require
stabilization and landscaping of final land forms, and that runoff be controlled at historic levels."
To minimize the visual impact of the site, as well as provide a noise buffer, earth berms
planted in a drought tolerant native grass will be constructed along the east, west and south
property boundaries only and not adjacent to the north property boundaries adjacent to the
current mine. The existing Plumb Ditch is adjacent to the north of the proposed site. This agency
did not return a referral indicating a conflict with their interests.
Section 22-2-80.F 1.Goal 6 states "Minimize the incompatibilities that occur between industrial uses
and surrounding properties."
USR18-0044 BURNCO USA; Page 3 of 13
Current surrounding land uses are the existing Nissen Farm gravel mine, low intensity agricultural
and rural residential uses. This proposed facility will support the economic growth planned for this
area.
BURNCO USA has taken steps in planning for this project to mitigate impacts on its future
neighbors through the large earth berms, the placement of the batch plant site to the north behind
the earth berm and away from the rural residential development.
As previously stated, this site, while located within the IGA for the Town of Kersey and within the
Kersey Influence Area, it is located in an "Undetermined Use" area per the 2016 Comprehensive
Plan.
Section 22-2-80.F (.Policy 6.3 states "Encourage informational neighborhood meetings for proposed
industrial uses that do not require a public hearing."
Representatives for BURNCO USA met with the neighbors concerning this proposed site
development project in mid -August 2017. Per the application materials, the response was
generally positive.
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.4 Mineral resource development facilities including concrete batch plants and
appurtenant facilities including an office, truck parking and staging and material stockpiles as a
Use by Special Review 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 proposed facility is located on a parcel of land located north of County Road 58, and adjacent
to the Weld County Parkway. The Plumb ditch is adjacent to the North property line and beyond
the ditch is the current Nissen Farm mine, land use permit number USR-1435.
The site is located approximately 0.5 miles north from the current Town of Kersey corporate
limits; and 2.5 miles east of the Town of Greeley corporate limits. The property is located within
the Intergovernmental Agreement Area for the Town of Kersey, who did not return a referral
response. Weld County RE -7 schools in their referral dated June 7, 2018 indicated " ... the
district is concerned with the high volume of truck traffic that would be created and how that
would affect our (Weld County Schools) transportation department regarding our (Weld County
Schools) bus stops."
There are several residential structures located in the immediate area with residences being
located south of and adjacent to County Road 58 with additional residences located to the east
on larger tracts of agricultural land. Adjacent land uses to the north include the Nissen Mine
(USR-1435), Wagistics Mineral Resources Facility (USR14-0065); to the west is the Platte River
Floodplain and Floodway; to the south are two dairy's (SUP -171 and SUP 457) an oil field
construction and storage yard (USR16-0045); to the east is a high pressure gas pipeline (USR11-
0024) and the Journey Ventures mine (MUSR15-0020).
The application indicates that seventy-five percent (8-9 vehicle trips) of the truck traffic associated
with the business will utilize County Road 58 heading west to the Weld County Parkway with
twenty-five percent) of the traffic (2-3 vehicle trips) heading east on County Road 58. Vendors
and employees will access the facility from the County Road 58.
Staff has received two letters of correspondence from surrounding property owners or interested
persons regarding this USR. Staff has received several telephone calls requesting information
USR18-0044 BURNCO USA; Page 4 of 13
on the land use application with additional comments on the perceived impacts of this facility on
the neighborhood.
The Department of Planning Services is requesting a Lighting Plan and an updated
Landscape/Screening Plan. The Screening Plan shall screen the truck and equipment parking
and the outdoor storage from adjacent property and public rights -of -way. The Public Works
Department will be requesting an Improvement Agreement for the facility to address off -site
impacts. These vehicular improvements along with the Development Standards and the
Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses.
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 site is located within the three (3) mile referral area of the Town of Kersey and the City of
Greeley. The site is located within the existing Intergovernmental Agreement Area (IGA) or
Coordinated Planning Agreement Area (CPA) for the Town of Kersey. The Town of Kersey did
not return a referral response, and the City of Greeley in their referral dated July 5, 2018 indicated
no conflict with their interests.
It is the opinion of the Department of Planning Services that the siting of the batch plant facility
with direct access to the Weld County Parkway and compliant with the municipal comprehensive
and land use plans for future development creates an area that can support this type of
development. Further, the Town of Kersey identifies the parcel to be in an Undetermined Use
area per the 2016 Comprehensive Plan.
To address any mitigating requirements the Conditions of Approval will require a site Lighting
Plan, a Landscape and Screening Plan to be submitted to the Department of Planning Services
for review and approval; and the Development Standards address nuisance transient lighting,
provide that uses on the property should comply with the Colorado Air Quality Commission's air
quality regulations, and all 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; all site activities be limited to a measurable noise standard and the property
is to be maintained such that a nuisance condition is not allowed to develop.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code. This property is not located in a floodplain, or geologic hazard area or airport
overlay district.
The site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on approximately 34 acres of Prime if Irrigated Land per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The property has
historically been utilized for agricultural production and oil and gas development consisting of a
single well head and tank battery, currently there is no irrigation on the property.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
USR18-0044 BURNCO USA; Page 5 of 13
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
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 Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the USR Map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
B. If the proposed access is on a different parcel, the applicant shall submit a recorded copy of any
agreement signed by all of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk
and Recorder's Reception number. (Department of Public Works)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that beams or rays of light
will not shine directly onto adjacent properties." Further, the Lighting Plan and incorporate the
Dark Sky Standard. (Department of Planning Services)
D. The applicant shall submit an updated Landscape/Screening Plan to the Department of
Planning Services for review and approval. The equipment parking area, the employee
parking area and areas utilized for outdoor storage shall be screened from adjacent properties
and public rights of way. (Department of Planning Services)
E. The applicant shall submit a Parking Plan showing at a minimum 20 parking spaces for the
employees, including site personnel and truck drivers. Additional spaces shall be shown for the
on -site equipment and for vendors who may visit the site. (Department of Planning Services)
F. The applicant shall submit a copy of the signed Plumb Ditch Company crossing agreement, or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
G. The applicant shall submit evidence from Larimer County Canal Company that the canal will
accept overland flows of water from the property into the canal. Evidence shall be submitted in
writing on company letterhead, to the Weld County Department of Planning Services.
(Department of Planning Services) An Improvements and Road Maintenance Agreement is
required for off -site improvements at this location. Road maintenance includes, but is not limited
to, dust control and damage repair to specified haul routes. The Agreement shall include
provisions addressing engineering requirements, submission of collateral, and testing and
approval of completed improvements. The Agreement shall require the construction of the
following capital improvements when traffic triggers are met. (Department of Public Works)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0044. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
USR18-0044 BURNCO USA; Page 6 of 13
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the earth berms, the vegetative landscape and opaque screening.
(Department of Planning Services)
6. The map shall delineate the parking areas for employees, on -site equipment and vendors.
(Department of Planning Services)
7. The map shall delineate the site and faciity lighting incorporating the Dark Sky Standard.
(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. County Road 58 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. This road is
maintained by Weld County. (Department of Public Works)
10. Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
13. If applicable, show and label a 30ft minimum access and utility easement to provide legal
access to the parcel on the site plan. (Department of Public Works)
14. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area"
and shall include the calculated volume. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
16. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
17. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code. (Department of
Planning Services)
18. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
USR18-0044 BURNCO USA; Page 7 of 13
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0044 BURNCO USA; Page 8 of 13
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BURNCO USA
Bestway Concrete Company and Hall -Irwin Company
USR18-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral
Resource Development Facilities including a Concrete Batch Plant, materials processing (crushing
and screening) material stockpiles, an office, outdoor truck and employee parking in the A
(Agricultural) Zone District, 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. The normal hours of operation are 6:00 AM to 6:00 PM Monday through Saturday for the site
office.
4. The hours of operation shall be the following:
A. Hours of Operation for Ready Mix Concrete:
1) The Ready Mix Concrete Plant will only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one hour before sunrise to one
hour after sunset.
3) When the plant is operating at night, it will only occur when material is requested by cities,
counties, or CDOT, for night paving projects. Operations will be considered "night
operations," when they take place between the hours of one hour after sundown to one hour
before sunrise. Depending on the request of the jurisdiction purchasing the concrete, night
operations could occur seven days per week. When BURNCO USA, Bestway Concrete
Company and Hall -Irwin Company_become aware of projects that require night operations,
they will email the Weld County Planning Director to let him/her know about the plans to
operate outside of daylight hours, who the project is for, how long it will be occurring, and
where the materials are being delivered.
4) Ready Mix trucks will generally operate during plant operations; but may return to the
plant after plant shutdown to be cleaned and parked.
B. Hours of Operation for Aggregate
1) Aggregate washing operations will only occur during daylight hours (dawn to dusk), actual
operating hours will vary dependent on weather and business levels.
5. The number of on -site employees for BURNCO USA shall be 5 full-time employees and 15 truck drivers,
as stated by the applicant. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
USR18-0044 BURNCO USA; Page 9 of 13
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)
10. 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)
11. 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)
12. 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)
13. The applicant 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)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on -site. (Department of Public Health and
Environment)
16. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
17. 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)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
19. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
20. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in accordance
with all state and federal regulations and records will be kept onsite for WCDHPE review upon
request. (Department of Public Health and Environment)
21. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day
the applicants shall adhere to the requirements of the Colorado Department of Public Health and
Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public Health
and Environment)
USR18-0044 BURNCO USA; Page 10 of 13
22. For employees that are on site for less than 2 consecutive hours a day or 10 or less customers or
visitors per day portable toilets and bottled water are acceptable. 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)
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
24. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
25. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
27. 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)
28. The property owner shall control noxious weeds on the site. (Department of Public Works)
29. 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)
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
31. 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)
32. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
33. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
35. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties and incorporate Dark Sky Standards. 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)
37. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
USR18-0044 BURNCO USA; Page 11 of 13
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
38. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
39. 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.
40. The Use by 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.
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.
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
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
USR18-0044 BURNCO USA; Page 12 of 13
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0044 BURNCO USA; Page 13 of 13
August 27, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
MARK JOHNSON
301 CENNTENNIAL DR.
MILLIKEN, CO 80543
Subject: USR18-0044 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Concrete Batch Plant, material stockpiles, an office, outdoor
truck and employee parking in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART SE4 SECTION 12, T5N, R65W CORR LOT B 2ND AMD REC EXEMPT RE -1053 OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 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
June 04, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
SAM ELIASON
1501 ACADEMY CT STE 203
FT COLLINS CO 80524
Subject: USR18-0044 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Concrete Batch Plant, material stockpiles, an office, outdoor
truck and employee parking in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART SE4 SECTION 12, T5N, R65W CORR LOT B 2ND AMD REC EXEMPT RE -1053 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:
Kersey at Phone Number 970-353-1681
Greeley at Phone Number 970-350-9780
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 Ogle
Planner
FIELD CHECK - USR18-0044
Inspection Date: September 5, 2018
Applicant: Tricycle Lane Texas, LLC
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including Concrete Batch Plant materials processing (crushing and screening)
material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District
Legal: Lot B 2" Amended Corrected Recorded Exemption RE -1053 being a part of the SE4 of Section 12,
Township 5 North Range 65 West of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 58; Approximately 2900 -feet west of County Road 49.5
Parcel ID #: 0961-12-0-00-130
Acres: 34 +/-
Zoning
Land Use
N
AGRICULTURE
N
Nissen Gravel Mine and Rural Residence
E
AGRICULTURE
E
Agriculture Field and Rural Residence
S
AGRICULTURE
S
Multiple Rural Residences
W
AGRICULTURE
W
Vacant Lands
Comments:
Current property access is across a cattle guard that accesses a PDC shut-in tank battery and well head.
The site is flat and planted in pasture grasses, although there are no cattle or other livestock on site.
To the north northeast is a rural residence surrounded by mature landscape, similarly to the east and to
the south across County Road 58, a two lane paved road are multiple residences on multiple parcels and
all are sited relatively close to the road. All have landscape, trees shrubs and grasses in varying stages
of maturity and upkeep, and all residences appear to be occupied. To the west is vacant ground without
improvements.
The Hall -Irwin Nissen Mine to located to the north of and adjacent to this parcel sharing two property
lines. This property is being actively mined for sands gravels and stones.
Signature
❑ Current Access to Property, graveled and graded across cattle guards
❑ Site Distance, good visibility
❑ Oil & Gas Structures adjacent property
❑ Topography, generally flat and higher than the adjacent road
Note any commercial business/commercial vehicles that are operating from the site. None
Hello