HomeMy WebLinkAbout20174002.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0042, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING
OPEN PIT MINING (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE
DISTRICT - VARRA COMPANIES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of
December, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Varra Companies, Inc., 8120 Gage St., Frederick, CO 80516, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0042, for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lots A, B, C and D of Recorded Exemption,
RE -3922; being part of the NW1/4 of Section 33,
Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) 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.
2) Section 22-4-30.6 (WA.Goal 2) states: "Strive to maintain and
protect water supply storage facilities, conveyances and
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infrastructure adequate to sustain continued water use." Section
22-4-30.B.1 (WA.Policy 2.1) states: "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.
3) 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.
4) 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.
5) Section 22-5-80.D.1 (CM.Policy 4.1) states, in part: "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
processing of materials on this property. Two (2) 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 utilize 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 23-2-230.B.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 Use by Special
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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 23-2-230.B.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 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 23-2-230.B.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 (3) 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 to the St. Vrain River. The Town of
Mead, in their referral dated August 7, 2017, stated that the proposal is
outside of Mead's planning area; therefore, the Town has no objections.
The City of Fort Lupton returned a referral dated October 2, 2017, and
stated the site is outside the three (3) 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 (4) 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 23-2-230.B.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
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structure of the County -wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 23-2-230.6.7 -- 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 the health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open -mining have been
addressed through this application and the Development Standards will
insure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Varra Companies, Inc., for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0042, for Mineral Resource Development
including Open Pit Mining (sand, gravel and stone) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0042.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
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
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measured from the edge of right-of-way. This road is maintained by
Weld County.
6) Show and label the approved access(es) and the appropriate
turning radii (60 feet) on the site plan.
7) Show and label the approved tracking control on the site plan.
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.
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.
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.
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.
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.
B. Any improvements or new construction in the floodplain shall require a
Flood Hazard Development Permit.
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.
D. An Improvements and Road Maintenance Agreement is required for off -site
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.
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2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
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.
C. If applicable, the applicant shall submit a Conditional Letter of Map
Revision (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.
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.
3. The Use by 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.
4. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the 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.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2017.
ATTEST:
dititeti •L�.w%ck.
Weld County Clerk to the Board
arbara Kirkmeyer
APPROVD AS T
County Attorney
Date of signature: e/hai/$
BOARD OF COUNTY COMMISSIONERS
WELD COUTY, COLORADO
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Julie A. Cozad, Chair7,
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S eve Moreno, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VARRA COMPANIES, INC.
USR17-0042
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0042, is
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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of 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.
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.
7. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
9. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that prevents nuisance conditions.
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.
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.
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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.
13. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
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.
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 on -site for Weld County Department of Public Health and Environment (WCDPHE)
review upon request.
16. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
17. The operation shall comply with the Mine Safety and Health Act (MSHA).
18. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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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.
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.
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.
27. Section 23-4-290.6 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, or if work is completed in response to
an emergency disaster declared by local, state, or federal authorities.
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.
29. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
30. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
32. 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 2014 National Electrical Code. A Building Permit
Application must be completed and two (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.
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
34. The number of employees associated with the daily operations of mining and processing
operations is limited to twelve (12) persons per shift.
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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.
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.
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.
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 of the 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.
41. 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.
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 Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
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.
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
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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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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