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Home My WebLink About20170104Planner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcels: LAND USE APPLICATION SUMMARY SHEET Diana Aungst Hearing Date: December 6, 2016 USR16-0034 Brannan Sand and Gravel Company, LLC A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) Zone District Part of the S2NW4, N2SW4, and the SW4NE4/NW4SE4 Section 20, TIN, R66W of the 6th P.M., Weld County, CO North of and adjacent to CR 6.25 and approximately 0.25 miles west of CR 29 + /- 213 acres + /- 190 acres will be mined Parcel Nos. 1471-20-3-00-008 1471-20-0-00-023 1471-20-0-00-033 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 referral responses with comments from the following agencies: City of Brighton, referral dated October 6, 2016 City of Fort Lupton, referrals dated October 10, 2016 Fort Lupton Fire Protection District, referral dated September 28, 2016 Weld County Department of Public Works, referral dated October 6, 2016 Central Colorado Water Conservancy District, referral dated September 15, 2016 State of Colorado, Division of Water Resources, referral dated November 1, 2016 Weld County Department of Planning Services - Engineer, referral dated October 6, 2016 Weld County Department of Public Health and Environment, referral dated October 12, 2016 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Colorado Parks and Wildlife, referral dated September 28, 2016 ▪ Weld County Sheriff's Office, referral dated September 15, 2016 ▪ Weld County Zoning Compliance, referral dated October 6, 2016 ▪ Weld County School District RE -8, referral dated September 13, 2016 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Adams County ▪ City of Lochbuie ▪ Union Pacific Railroad ▪ West Adams Conservation District U S R16-0034 Page 1 of 11 Colorado Department of Transportation • Weld County Department of Building Inspection • Colorado Department of Public Health and Environment • State of Colorado Division of Mining Reclamation Safety U S R16-0034 Page 2 of 11 Planner: Case Number: Applicant: Request: Legal Description: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Diana Aungst Hearing Date: December 6, 2016 USR16-0034 Brannan Sand and Gravel Company, LLC A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) Zone District Part of the 52NW4, N25W4, and the SW4NE4/NW4SE4 Section 20, Ti N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 6.25 and approximately 0.25 miles west of CR 29 Size of +/- 213 acres Parcels: +/- 190 acres will be mined Case Summary: Parcel Nos. 1471-20-3-00-008 1471-20-0-00-023 1471-20-0-00-033 The applicant is requesting a USR for mining. The site consist of 3 parcels and the applicant will mine approximately 190 acres of the total 213 acres. The gravel deposits are located on the eastern fringe of the South Platte River Valley and not in a floodplain. No permanent structures are proposed and the structures required for operation include a portable toilet, a construction trailer, a 1,300 -gallon diesel fuel storage tank, a scale, a scale house, excavators, and processing equipment. Vehicle maintenance items may be stored on -site in a construction trailer. The maximum number of employees expected on site is ten (10) and the hours of operation will be during daylight hours. The site is a former feedlot and pastureland located along the U.S. Highway 85 corridor between the cities of Brighton and Fort Lupton. No blasting will be required for this mining operation. The life of the mine is expected to be less than 20 years, including start-up and reclamation. About 6 inches of topsoil will be removed and approximately 1,500 to 10,000 cubic yards of topsoil will be stockpiled near the processing area. Overburden removal depth ranges from less than one foot to approximately 6 feet. Mining phases: Mining will progress through four conceptual mining cells. Each conceptual cells will be approximately 27 acres in size. The mining process occurs within a cell until it is mined out and backfilled. Each cell contains roughly L25 million tons of aggregate and will take between one and three years of continuous active mining to complete recovery of sand and gravel. The duration of active mining is expected to be between 4 and 12 years. The active mining will be conducted in one primary mining cell at a time. However, mining related activities, starting with stripping and continuing through reclamation, may take place in multiple cells simultaneously. The applicant shall observe state policy, recovering commercially valuable minerals prior to the construction of permanent buildings, and reclaim the site to a condition suited to its intended long-range use as industrial development. U S R16-0034 Page 3 of 11 Reclamation: Once wet mining is complete in a portion of a cell, the operator may backfill to any appropriate elevation up to the final reclamation grade. Backfill in groundwater is taken only from overburden or borrowed from other areas of the site, in all cases being clean, native soil material. Typically, the process of stripping overburden from an adjacent mining cell will commence once the wet mining area of its neighboring cell is set to receive backfill. Backfill above groundwater may be overburden, borrow, recycled and processed aggregate, or imported inert fill. The operator will retain the option to selectively leave sand and gravel in place at its discretion. The intent of reclamation grading is to establish buildable sites for industrial development. The operator will tailor post -mining lot sites to suit market demand, responding especially to prospective buyers who wish to immediately establish a post -mining land use. It is anticipated that flexibility in final reclamation grades is beneficial. For example, establishing final reclamation grades at a lower relative elevation than pre -mining contours may provide desirable natural screening for yard areas, loading docks, storage tanks, and other industrial appurtenances. Depending on the availability of fill materials, final reclamation representing a net cut may also allow for quicker conversion of affected land to beneficial post -mining use. Alternately, final reclamation grades representing a net fill may be appropriate to facilitate positive drainage in an intensively developed industrial subdivision with numerous pad sites. DRMS Permit: The Applegate Group in Westminster, Colorado, is the applicant's permitting representative for the DRMS application permit #M-2016-030. 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 ordinance in effect. Section 22-5-80.B - CM.Goal 2 states, "Promote the reasonable and orderly development of mineral resources." Mining will progress through four conceptual mining cells. Each cell will take between one and three years of continuous active mining to complete recovery of sand and gravel. The duration of active mining is expected to be between 4 and 12 years. According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the property is classified as T-3 (Stream Terrace Deposits - fine aggregates). The life of the mine is expected to be less than 20 years, including start-up and reclamation. Section 22-5-80.D.1 - CM.Policy 4.1 and Section 22-5-80.C - CM.Policy 3.8 state, "Require all mining operations conform to federal, state and local environmental standards." And Section 22-2-80.E - I.Goal 5 states, "New industrial uses or expansion of existing industrial uses should meet existing federal, state and local policies and legislation." The Applegate Group is representing the applicant for the state mining permit through DRMS, permit #M-2016-030. Applegate Group will complete a geotechnical analysis and verify the stability of open cut slopes and nearby structures. The applicant is required to meet all existing federal, state, and local policies and legislation. Section 22-2-80.A.2 - I.Policy 1.2 states, "Encourage new industrial development within existing industrial areas." U S R16-0034 Page 4 of 11 The site is a former feedlot and pastureland located along the U.S. Highway 85 corridor between Brighton and Fort Lupton. The land has been largely vacant since 2005. The life of the mine is expected to be less than 20 years, including start-up and reclamation. The final reclamation will result in land suitable for industrial and commercial users. Section 22-2-80.F - I.Goal 6 states, "Minimize the incompatibilities that occur between industrial uses and surrounding properties." The land uses surrounding the site include a mining operation west of and adjacent to the site on the west side of CR 27 in the City of Fort Lupton and Halliburton north of and adjacent to the site also in the City of Fort Lupton. Vestas is south of the site on the south side of CR 6 (E. Crown Prince Blvd.) in the City of Brighton. The land uses to the east are crop land and rural residences. The use is compatible with a majority of the surrounding land uses and the hours of operation, dust suppression, and the lack of blasting will assist in mitigating the impacts of the facility on the surrounding residential properties. Section 22-2-80.D - I.Goal 4 states, "All new industrial development should pay its own way. The applicant will be required to pay for any improvements associated with this mining operation. The proposed facility is in an area that can support this development. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the 1-3 (Industrial) Zone District, Section 23-3-330.D.7. allows for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) 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 adjacent properties are mainly commercial, industrial land uses including the Union Pacific railroad tracks. There is also some vacant land and crops. Halliburton is north and adjacent to the site and Vestas is about one quarter mile to the south. The closest residence is about 500 feet north of the site. There are nine (9) USRs located within one mile of the site. USR-1259, AmUSR-905, and USR-968 all for gravel mining are located to the west of the site. USR-1402 for a maintenance shop and storage, AmUSR-1458 for mineral resource development, USR- 1676 for research, repair, and manufacture, and USR-1535 for storage and maintenance of equipment are all located south of the site. SUP -218 for a dairy is located northeast of the site. USR-896 for vehicle sales and salvage is locate north of the site. The Weld County Department of Planning Services has not received any correspondence from surrounding property owners concerning this USR. 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 Adams County, the Town of Lochbuie and the Cities of Fort Lupton and Brighton. Adams County and Lochbuie did not U S R16-0034 Page 5 of 11 respond with referral agency comments. The City of Fort Lupton in their referral agency comments dated October 10, 2016 requested that the application enter into a Pre - Annexation Agreement. The City of Brighton submitted referral agency comments dated October 6, 2016 that object to this USR. The City of Brighton referral agency comments are included in the file and are part of the record. The applicant submitted a copy of a letter dated November 30, 2016, which outlines the applicant's meetings with the Cities of Brighton and Fort Lupton and responds to the referral agency comments submitted by the City of Brighton. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. 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. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Article 4 -Division 4 - Open Mining, 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. 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 map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0034. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D. and 23-4-270 of the Weld County Code. (Department of Planning Services) 4) 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) 5) The map shall delineate site and equipment lighting, if applicable. (Department of Planning Services) 6) Show the approved City of Fort Lupton access(es) on the site plan and label with the approved access permit number, if applicable. (Department of Public Works) 7) The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 8) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services - Engineer) U S R16-0034 Page 6 of 11 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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 one (1) acre is to be disturbed for construction of non -gravel pit items such as roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the mined area, a Weld County grading permit will be required. (Department of Planning Services -Engineer) 6. 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 map 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) 7. Prior to Mining: a. 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) U S R16-0034 Page 7 of 11 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Brannan Sand and Gravel Company, LLC USR1 6-0034 1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0034, for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) 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 number of employees associated with the daily operations of mining and processing operations is limited to ten (10) persons. (Department of Planning Services) 4. The hours of operation shall be in accordance with Section 23-4-290.B of the Weld County Code which states that all sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. The hours of operation for the offices and repair facilities shall be 6:00 a.m. to 7:00 p.m. Monday through Saturday. (Department of Planning Services) 5. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Planning Services) 6. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning Services) 7. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Planning Services) 8. 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) 9. Technical Revisions as approved by Colorado Division of Reclamation Mining and Safety Technical Revisions may require an amendment to this Weld County USR permit. (Department of Planning Services) 10. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles. (Department of Planning Services) 11. The importation and beneficial use of waste materials for reclamation shall comply with Section 8 - Recycling & Beneficial Use provisions of the Regulations Pertaining to Solid Waste Sites and Facilities 6 CCR 1007-2, PART 1. (Department of Planning Services) 12. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) U S R16-0034 Page 8 of 11 15. 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. (Department of Public Health and Environment) 16. 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. (Department of Public Health and Environment) 17. 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 Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 18. 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) 19. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 20. 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) 21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and the public, at all times. 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) 22. 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) 23. The property owner or operator shall be responsible for complying with the Open Mining Standards of Chapter 23, Division 4, of the Weld County Code. 24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. 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) 25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 26. 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. U S R16-0034 Page 9 of 11 27. 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. 28. 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. 29. 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. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served U S R16-0034 Page 10 of 11 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. U S R16-0034 Page 11 of 11 October 26, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 BRUXVOORT KELSEY 3050 67TH AVE STE 200 GREELEY CO 80634 Subject: USR16-0034 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) Zone District On parcel(s) of land described as: SW4NE4/NW4SE4 SECTION 20, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. N2SW4 SECTION 20, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. S2NW4 SECTION 20, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 6, 2016, at 12:30 p.m. Asubsequent hearing with the Board of County Commissioners will be held on January 4, 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 Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Diana Aungst Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 September 08, 2016 BRUXVOORT KELSEY 3050 67TH AVE STE 200 GREELEY 80634 Subject: USR16-0034 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) Zone District On parcel(s) of land described as: SW4NE4/NW4SE4 SECTION 20, -11 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. N2SW4 SECTION 20, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. S2NW4 SECTION 20, T1N, R66W 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: Brighton at Phone Number 303-655-2000 Fort Lupton at Phone Number 303-857-6694 Lochbuie at Phone Number 303-655-9308 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, DReason: signed y Kristine of Raiem I am the author of this document Date: 2016.09.08 14:25:38 -06'00' Diana Aungst Planner FIELD CHECK Inspection Date: 11/18/2016 Case Number: USR16-0034 Applicant: Brannan Sand and Gravel Company, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including open pit mining (sand, gravel and stone) and materials processing including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the 1-3 (Industrial) Zone District Legal Part of the S2NW4, N2SW4, and the SW4NE4/NW4SE4 Section 20, T1 N, Description: R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 6.25 and approximately 0.25 miles west of CR 29 +/- 213 acres Size of Parcels: +/- 190 acres will be mined Parcel Nos. 1471-20-3-00-008 1471-20-0-00-023 1471-20-0-00-033 Zoning Land Use N Municipal (Fort Lupton) N Commercial/Industrial (Halliburton) and Agriculture E Municipal (Fort Lupton) E Agriculture S Municipal (Brighton) and Agricultural S Vacant land and Agriculture W Municipal (Brighton), Industrial, and Agricultural w Industrial (gravel pit) COMMENTS: The site contains industrial equipment, office, barn, and storage silos, for a grain transloading facility (non -operational). The residences on the site are boarded up and there are some sheds. There is an access to the site off of CR 27. Diana Aungst, Planner i. Diana Aungst Subject: Attachments: FW: Brannan USR-Brighton Referral-112916_FINAL P DF From: Tim Naylor [ma lto:tnaylor@agpros.corni Sent: Wednesday, November 30, 2016 11:38 AM To: Diana Aungst <daungst@co.weid.co.us> Cc Alex Schatz <aschatz@brannanl.com>; Kelsey Bruxvoort <Kb ruxvoo rt@agpros.com> Subject: Brannan Diana As discussed in the Pre -hearing meeting, Alex Schatz has provided the following COA responses for your review. Please let me know if you have any questions. 1A. A letter to Brighton is attached. This is being mailed November 30, but prior efforts (summarized in the letter) may also demonstrate the very significant attempt Brannan has made to address the concerns of the City of Brighton. 1B. Brannan has attempted to address Fort Lupton's concerns related to a Pre -Annexation Agreement. Specifically, Brannan submitted a draft Pre -Annexation Agreement to the City of Fort Lupton at the time of a City Council meeting on November 21. Todd Hodges received the draft and is presently reviewing. Incidentally, the same action (submittal of a Pre -Annexation Agreement) is a requirement of the City's minor subdivision process that approved the creation of a new platted lot in the dimensions of Brannan's access road. 1 C. Brannan requested an appropriate offsite improvements agreement from the City of Fort Lupton and received the City's approved generic form on Monday, November 28. This is prompted by the same action being required in the City's minor subdivision process (see 1B). In this case, the submittal of a improvements agreement. There are a few relatively minor legal and technical concerns that I expect to address in a re -draft of the improvements agreement. It is my goal to submit this for City Council approval (if needed) in the month of December 2016. (Note: I do not have a copy of the City's formal response to Weld County, the referral response dated October 10, 2016.) 1D. AGPRO has addressed the FPD referral through the Ft Lupton Minor Subdivision process and believes satisfaction of this condition has been achieved. Some notes or linework on the USR plat map may be appropriate. Brannan is planning to follow all standard fire protocols, including obtaining addressing, a Knox Box, etc. 1 E. Similar to Brighton, this agency has received a great deal of attention from Brannan. Moments after CCWCD replied to the USR referral process, Brannan initiated discussion with CCWCD about use of its existing wells, the potential for abandonment credit, and other options to obtain water from Central. We have met with CCWCD staff and CCWCD committees and the board on multiple occasions since September. We are presently negotiating a water sale, though mutually agreeable terms remain unclear. In any event, we understand the status of our Class D Water Allotment contracts with CCWCD. IF. The Division of Water Resources informed Weld County of several jurisdictional issues that would require review by the State Engineer if applicable to Brannan's site. The first comment is not applicable, as Brannan is i not planning to discharge water into an active diversion structure. Addressing the Division's final two comments: Brannan plans to submit to the Division a gravel well permit and also, unless exempted due to inclusion in an approved augmentation plan, a substitute water supply plan. As part of our work on the DRMS 112 reclamation permit application, as well as support for our conversation with CCWCD, Brannan has retained Applegate Group to produce detailed depletion calculations and to prepare permit applications and other documentation for review by the Division of Water Resources. 1G. All required revisions to the USR map will be completed upon approval of the USR in accordance with the approved Resolution. Regards, Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fa.x (.303) 870-0013 mobile www.agpros.com AGPROfessionals L:)E T; L,+ PLICS- tiff.;H1 U 2 B RANNAN 1 Founded 1906 30 November 2016 Mary Falconburg, Assistant City Manager City of Brighton 500 South 4th Avenue Brighton, CO 80601 Be: Valley's Edge Resource, Weld County USR 16-0034 Dear Marv: Thank you for working with Brannan Sand and Gravel Company in its efforts to understand and respond to local government concerns surrounding its purchase of the disused former feedlot at 2542 Weld County Road 27. As you are aware, Brannan's plans to recover a commercial sand and gravel deposit on a portion of this land, and to subsequently reclaim the property as developable industrial land, are presently under review in the above -referenced Weld County Use by Special Review case. I am writing to review our mutual efforts and to specifically respond to the City of Brighton's referral response in the USR 16-0034 case. First and foremost, it has been my goal on behalf of Brannan to communicate with Brighton as early in our present process as possible, and as often as appropriate. The 2009 intergovernmental agreement between the cities of Brighton and Fort Lupton was a principal focus in Brannan's due diligence process, and Brannan reached out to both jurisdictions immediately after the feedlot property was placed under contract in December 2015. This resulted in an extended series of meetings with all local jurisdictions, including meetings with you at Brighton's City Hall on February 25, April 15, July 19, and October 18. Ultimately, it was determined that Brannan would apply to Weld County for approval of the sand and gravel recovery and reclamation operations. At our most recent meeting, on October 18, we discussed Brighton's referral response. The following comments summarize Brannan's understanding and its approach to mitigating various concerns. • The corridor encompassing Highway 85 and WCR 27 is generally understood to be industrial in nature, both in its current mix of land uses and as a planned employment center in the future. Thus, there is a fundamental question of how much "Urban Development," as cited by the refe rra l letter and defined by Section 22-2-30 the Weld County Comprehensive Plan, is actually affected by Brannan's proposal. Given the integral role of residential development in the County's Urban Development plan (e.g., urban development is "characterized by designated areas for residences" among other land uses), and the absence of such land use in the comprehensive plans of either Brighton or Fort Lupton for the vicinity of the property, the conflict suggested by Brighton's referral letter does not appear to exist. • As implemented by Weld County, particularly in its prior grant of industrial zoning to the subject property, the County's comprehensive plan indicates that the proposal is consistent with relevant 2500 East Brannan Way Denver ! Co 80229 1 303.534.1231 Tel 1303.534.1236 Fax www.brannan1.com Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 2 goals, including provisions cited in Brighton's referral letter. For example, the property is at the periphery of the two nearby municipalities and immediately connected to major transportation networks/ the conventional location for heavy industrial uses according to Section 22-2-30. The proposal is similar to surrounding land uses and will result in the clean-up and economic revival of existing industrial property (see Sections 22-2-70, 22-2-80(A)(2), 22-2-80(F)(4)(a)1. Critically, the Weld County Comprehensive Plan recognizes that resource extraction is an essential industry and includes provisions to promote the development of aggregate deposits (see Section 22-5-70), as well as provisions to promote a well-balanced commercial and industrial economic base in the County (see Section 22-6-20(A)). • The proposal is designed to minimize incompatibilities between the industrial use and surrounding properties. In addition to noting the prevalence of industrial uses (e.g., oil and gas field services, sand and gravel mining, heavy manufacturing, auto salvage, available industrial lots) in the surrounding area, the proposal presents a minimal net impact in several areas of concern expressed in the referral letter. o Traffic. The site is a replacement source of sand and gravel for Brannan. Vehicular traffic in the U.S. Highway 85 corridor will remain unchanged, as Brannan currently obtains material from other sources in the region. A detailed traffic impact study suggests appropriate mitigation for local access routes. Brannan has committed to making these improvements as part of its local land use approvals. a Aesthetics. The property is an abandoned feedlot and feedmill. Illicit dumping has occurred on the east side of the property. For the past 10 years or more, the owners of the property have invested nearly zero budget in its maintenance and upkeep. By investing in the property and converting it to useable lots, Brannan will improve the land from its current derelict condition. Brannan intends to demolish abandoned structures and to accommodate landscape plantings and other "Gateway" features in visible, public areas. a Noise. Brannan will operate its facility in compliance with all applicable noise regulations. Sand and gravel recovery is a daytime operation, so processing and haul equipment will generate noise only during daytime hours. in addition, the property is a substantial distance from residential uses (on agriculturally -zoned property), and significant noise attenuation will also occur due to stockpile berms and mining slopes as acoustic (and visual) barriers. Noise is not expected to detrimentally affect any property, having no more than a minimal effect on any property in Brighton. o Air pollution. Dust control is embedded in Brannan's operating plans for the site, as well as its existing practices. Pit run material typical contains residual moisture, but spray equipment will suppress dust during processing, and stockpiled aggregate products will be sprayed as needed to limit the potential dust source. Dust control practices are comprehensively detailed in a state air quality permit for the facility. Air quality is also regulated through Development Standards applied through the Weld County Use by Special Review process. • There is no blasting associated with the proposed sand and gravel extraction. Unconsolidated material (e.g., loose alluvial "river rock" and sand) is extracted directly from the natural deposit by excavators and loaders. Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 3 • Crushing and other processing (e.g., sorting, stacking) is customarily associated with sand and gravel extraction, as the creation of economically useable construction materials generally depends upon the classification and specification of aggregate products. Moving this function off -site only displaces perceived and/or unmitigated impacts, if any remain following permit review. Off -site processing also produces unnecessary bulk hauling, resulting in increased wear on roads, also a carbon footprint to backhaul fines and other low -value backfill material in the present case. The most appropriate response to crushing activity is on -site mitigation, as described above relative to noise and other impacts. Asphalt and concrete recycling is a feature of sand and gravel operations contemplated and allowed by state environmental policy. This activity supports efficient recovery of construction materials from the existing built environment and is necessary to meet existing market demand for recycled aggregate materials, particularly demand from large public projects. Processing capacity exists for asphalt and concrete recycling within the controlled operation described in state Reclamation Permit M-2016-030 (and related permits). Exclusion of asphalt and concrete recycling is not necessary or warranted to meet applicable permitting standards. • Reclamation is planned to provide redevelopment opportunities after mineral extraction operations are completed. Post -mining use is a central enforcement concern of the Mined Land Reclamation Board and Division of Reclamation, Mining and Safety. It is also in the operator's financial interest to return value to affected land. Brannan's proposed Valley's Edge Resource is specifically designed to clean up the former feedlot and prepare affected land for industrial or commercial use. Completion of the reclamation program is guaranteed through performance and financial warranties held by state reclamation officials. In addition to satisfying all regulatory concerns, it is Brannan's strategic plan to make available portions of the subject property as soon as reclamation can be completed and released from permitting. This approach is flexible and allows Brannan to use its reclamation process to facilitate "build -to -suit" industrial and commercial development that expands and diversifies the regional economy. • Brannan has planned for the selective use of conveyors in the mining operation. Conveyors may be installed if beneficial to the operation, including potential use as a mitigation measure. It is not anticipated that a haul truck or other vehicular method of transporting pit run to the processing area will produce amounts of additional noise noticeable from adjacent properties. If necessary to attain compliance with applicable air quality standards, Brannan will use conveyors as the primary means of transport to the processing plant. Extraction rate and phased implementation of mining and reclamation are covered by state reclamation standards. Life of mine is estimated for state permitting, but this number is not enforced or corrected if market demand and other factors periodically accelerate or dampen production at the Valley's Edge Resource. Conservatively, Brannan believes that it may take 20 years to complete all phases of mining and reclamation. Based on current market trends, the actual expected timeframe is less than 20 years, with portions of the subject property expected to be available for other uses within 6 years of the commencement of operations. This project has given me a chance to interact with you in detailed, and direct, conversations. In these conversations, it is my philosophy on behalf of Brannan to address a sand and gravel mine for what it is, and Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 4 to plainly describe the appropriate design and operation of the mine as it will be permitted. We appreciate that poorly conceived mines are a public hazard. On the other hand, the Valley's Edge Resource is well studied and well defined in the submitted state reclamation permit, the Weld County Use by Special Review, the state APEN, and other permits. Systematic adherence to regulation ensures that Brannan will not burden surrounding property owners or the regional community. The Valley's Edge Resource is more than the proposed temporary sand and gravel operation. It is an economic opportunity to clean up an unproductive, derelict site. The regional community does not benefit from the property's present status. The changes proposed for the property are specifically designed to promote efficiency and post -mining benefits. The reclamation plan will result in 200 acres of land that more closely resembles its surroundings and is suitable for planned future land uses. As Brannan continues in its permitting and potential future operations, I welcome any further conversations. Please let me know if this letter has failed to adequately address the City of Brighton's referral fetter. Respectfully, BRANNAN SAND AND GRAVEL COMPANY, L.L.C. Alex Schatz Hello