HomeMy WebLinkAbout20174004.tiffLAND USE APPLICATION
SUMMARY SHEET
Case Number: USR17-0042 Hearing Date: November 21, 2017
Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516
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, B, C and D of RE -3922 being part of the Northwest quarter of Section 33,
Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 28, approximately 0.5 miles west of County
Road 19
Size of Parcel: 156.78 acres, more or less; 96.49 acres to be mined
Parcel Numbers: 1209-33-2-00-048; 1209-33-2-00-049; 1209-33-2-00-050 and 1209-33-2-00-051
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:
• Town of Firestone referral dated August 7, 2017
• US Army Corps of Engineers referral dated September 15, 2017
• Weld County Department of Environmental Health referral dated October 4, 2017
• Weld County Department of Planning Services - Engineer, referral dated October 11, 2017
• Weld County Department of Public Works, referral dated October 16, 2017
• Weld County Department of Planning Services - Floodplain, referral dated October 19, 2017
The Department of Planning Services' staff has received responses from the following agencies without
comment:
• Town of Mead referral dated August 7, 2017
• Weld County Zoning Compliance referral dated September 18, 2017
• Weld County Sheriff's Office, referral dated September 18, 2017
• City of Fort Lupton referral dated October 2, 2017
• Longmont Soil Conservation District referral dated October 3, 2017
• Crestone Peak Resources, referral dated October 12, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
• State of Colorado Division of Mining Reclamation Safety
• Colorado Parks and Wildlife
• Town of Platteville
• State of Colorado, Division of Water Resources
• Weld County Building Inspection
Varra Companies, Inc. USR17-0042
Page 1
< Weld County Office of Emergency Management
< Weld County Department of Public Works - Access
< Colorado Department of Transportation
Varra Companies, Inc. USR17-0042
Page 2
LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR17-0042 Hearing Date: November 21, 2017
Applicant: Varra Companies, Inc.; 8120 Gage Street, Frederick, CO 80516
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone in the A
(Agricultural) Zone District.
Legal Description: Lots A, B, C and D of RE -3922 being part of the Northwest quarter of Section 33,
Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 28, approximately 0.5 miles west of County
Road 19
Size of Parcel: 156.78 acres, more or less; 96.49 acres to be mined
Parcel Numbers: 1209-33-2-00-048; 1209-33-2-00-049; 1209-33-2-00-050 and 1209-33-2-00-051
Narrative:
The 156/8± acre permit boundary contains two areas of planned extraction totaling 96.49± acres. Of the
remaining 60.29± acres of the permit boundary, 20.81± acres comprise of existing and permanent access
roads, irrigation laterals, operational support/mineral reserve areas, and setbacks or areas of pre-existing,
minor, to no disturbance. The remaining lands include a 34.00± acre Mineral Reserve Area.
The mine will be used to support both wet and dry plant operations and stockpiling of processed
materials. An existing basin (created by previous agricultural activity) will be utilized as a wash pond to
support all on -site plant/processing activities.
The aggregate deposit varies in composition, depth and extent. Generally, depths are shallower toward
the southeast, trending deeper toward the northwest with the depth of the mineral resource on average
being 39 feet and may exceed fifty feet in some locations from the surface to the underlying
unconsolidated bottom.
All mineral product will be transported by a scraper or front end loader to a hopper and transported from
the mining area via an existing overhead conveyor to the Varra Company Kurtz facility located adjacent to
State Highway 66. Trucking of the product from the mine area will be limited to the occasional pit run
removal or the unexpected need if the conveyor is down.
The primary end use post mining and reclamation activities will be the development of water resource
reservoirs, and will be utilized accordingly.
Varra Companies, Inc. USR17-0042
Page 3
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
sustainability of agriculture." Following mining, the reclaimed land use will be two (2) reservoir
basins totaling 89.37+/- surface acres.
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 mining disturbances, the reclaimed land use will
result in two (2) reservoir basins totaling 89.37+/- surface acres. The water from the reservoirs can
be made available for either urban or agricultural uses, but the basins alone are essential to
providing a means to store and manage available waters. Lands not otherwise occupied 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 T-1 (Stream Terrace Deposits - relatively clean and sound). The
application materials indicated that this property has no overburden and that extraction activities
will remove aggregate to a mean depth of 39 -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
existing overhead conveyor to transport the mineral resource north to the Varra Company Kurtz
facility located south of and adjacent to State Highway 66.
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 County Road 28 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. Two single family
residences are in close proximity of the northern extraction limits. Per the applicant's narrative,
unless closer distances are agreed to, extraction limits are kept no closer than 125 feet from any
residential structure. 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. M2015-033,
conditionally approved on May 18, 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.
Varra Companies, Inc. USR17-0042
Page 4
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 irrigated and non -irrigated agricultural lands with
several properties actively under extraction activities. Immediately adjacent to the west within the
Town of Firestone is the Heintzelman pit (M2009-018); west of the Heintzelman pit is the LG
Everist Inc. Firestone Gravel Resource pit (M1996-052, Weld County Permit no. AmUSR-1102).
Lands to the south have a center pivot and are in agricultural production; lands to the east have a
center pivot and are in agricultural production and lands immediately adjacent to the north are
permitted for mineral resource development for Ready Mix Concrete Company Nix pit (M2001-046)
and further north is the permitted and operational Varra Kurtz Resource Recovery and Land
Development project (M1999-006, Weld County Permit no. MUSR11-0001). The relatively rural
nature of the area and the current and proposed mining operations make this proposed mining
operation and reclamation plan compatible with surrounding land uses.
The Department of Planning Services has received no telephone calls or correspondence
concerning this land use application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities. The Towns of
Firestone, Mead and Platteville and the City of Fort Lupton are within the three-mile referral area
of the project site. The Town of Firestone returned a referral dated August 7, 2017 requesting that
the facility not impede storm flows getting to the St. Vrain River. The Town of Mead in their referral
dated August 7, 2017 that the proposal is outside of Mead's planning area, therefore the Town
have no objections. The City of Fort Lupton returned a referral dated October 2, 2017 and stated
the site is outside of our three-mile plan and comprehensive plan area. The Town of Platteville did
not respond. 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 four
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.A.5 -- The application complies with Section 23-5-230 of the Weld County Code.
The proposed mine is located within a Federal Emergency Management Agency (FEMA) regulatory
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
"Prime" agricultural lands and Prime if Irrigated 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.
Varra Companies, Inc. USR17-0042
Page 5
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 USR17-0042. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 28 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
5. County Road 17 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
6. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii
(60 -feet) on the site plan. (Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public Works)
8. 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)
9. Should exterior lighting be a part of this facility, all lighting shall be delineated on the USR Map
in accordance with the approved Lighting Plan. (Department of Planning Services)
10. 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)
11. The applicant shall show and label the floodplain boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
12. The applicant shall show the drainage flow arrows, (Department of Planning Services
Engineer)
13. 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.
Varra Companies, Inc. USR17-0042
Page 6
B. Any improvements or new construction in the floodplain shall require a Flood Hazard Development
Permit. (Department of Planning Services - Floodplain).
C. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut -sheets for the
proposed light standards to be utilized at the mine for review and approval. (Department of
Planning Services)
D. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. 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)
C. If applicable, the applicant shall submit a CLOMR to FEMA, for review and approval, prior to mining
the property delineating the pre -developed floodplain conditions and the proposed floodplain
conditions after mining. (Department of Planning Services - Floodplain).
D. 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)
E. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
3. The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
4. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Map prior to recording. The completed map shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
Varra Companies, Inc. USR17-0042
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies, Inc.
Parcel 122 Resource Development Project
USR17-0042
1. A Site Specific Development Plan and Special Review Permit, USR17-0042 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 applicant shall
operate in accordance with the approved "waste handling plan", at all times. (Department of Public
Health and Environment)
6. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
7. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
10. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
11. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
Varra Companies, Inc. USR17-0042
Page 8
12. 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)
13. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
14. 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)
15. 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)
16. 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)
17. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
18. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
19. 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)
20. 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)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
23. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1885E and #08123C -1895E effective date January 20, 2016
(Unnamed Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services - Floodplain)
24. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Varra Companies, Inc. USR17-0042
Page 9
25. 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)
26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission from the
Weld County Board of County Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the property.
(Department of Planning Services)
28. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
29. The property owner shall control noxious weeds on the site. (Department of Public Works)
30. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
32. 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)
33. Building Permits issued on the proposed lots 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)
34. The number of employees associated with the daily operations of mining and processing operations is
limited to 12 persons per shift. (Department of Planning Services)
35. 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)
36. 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)
37. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
Varra Companies, Inc. USR17-0042
Page 10
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code.
40. 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)
41. 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.
42. 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)
43. 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)
44. 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.
45. 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.
Varra Companies, Inc. USR17-0042
Page 11
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
Varra Companies, Inc. USR17-0042
Page 12
October 27, 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
BRADFORD JANES
8120 GAGE STREET
FREDERICK, CO 80516
Subject: USR17-0042 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone) in the A (Agricultural) Zone
District.
On parcel{s) of land described as:
LOTS A, B, C AND D OF REC EXEMPT RE -3922 BEING PART NW4 SECTION 33, T3N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 21, 2017, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
20, 2017 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 Og
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 15, 2017
BRADFORD JANES
8120 GAGE STREET
FREDERICK, CO 80516
Subject: USR17-0042 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone) in the A (Agricultural) Zone
District.
On narcelfsl of land riescriheri as'
PART NW4 SECTION 33, T3N, R67W LOTS A, B, C AND D REC EXEMPT RE -3922 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:
Firestone at Phone Number 303-833-3291
Fort Lupton at Phone Number 303-857-6694
Platteville at Phone Number 970-785-2245
Mead at Phone Number 970-535-4477
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
FIELD CHECK
USR17-0042
Varra Companies, Inc.
Inspection Date: November 3, 2017
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
including Open Pit Mining (sand, gravel and stone in the A (Agricultural) Zone District.
Legal: Lots A, B, C and D of RE -3922 being part of the Northwest quarter of Section 33, Township 3
North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 28, approximately 0.5 miles west of County Road 19
Zoning
Land Use
N
A (Agricultural)
N
Agricultural Field in Corn
E
A (Agricultural)
E
Agricultural Field in Corn
S
A (Agricultural)
S
Agricultural Field in Corn
W
A (Agricultural)
W
Heintzelman Mine (M2009-018): - Town of Firestone
The area is comprised of irrigated and non -irrigated agricultural lands with several properties actively under
extraction activities. Immediately adjacent to the west within the Town of Firestone is the Heintzelman pit
(M2009-018); west of the Heintzelman pit is the LG Everist Inc. Firestone Gravel Resource pit (M1996-052,
Weld County Permit no. AmUSR-1102). Lands to the south have a center pivot and are in agricultural
production; lands to the east have a center pivot and are in agricultural production and lands immediately
adjacent to the north are permitted for mineral resource development for Ready Mix Concrete Company Nix
pit (M2001-046) and further north is the permitted and operational Varra Kurtz Resource Recovery and
Land Development project (M1999-006, Weld County Permit no. MUSR11-0001).
County Road 28 is a two lane all weather road with utilities located on the south side of the road.
There is a borrow ditch located within the right-of-way.
The property has a single family residence located in the middle of the parcel created via a
Recorded Exemption. All other lands will be a part of the mined lands. County Road 17 Section
line is adjacent to the west. There is a constructed overhead conveyor spanning county Road 28
and placed outside of the east right-of-way for County Road 17 north of County Road 28. All mined
resources will e placed on the conveyor and conveyed to the Kurtz Sand Land Facility located south
of and adjacent to Hwy 66 and east of County Road 17.
*�ti ' �`,'4•ee" ;,i2e "r,i9r{ 34.atregyc g'i' 1��
�"�•, - �' d; •fir' _
Hello