HomeMy WebLinkAbout20170102RESOLUTION
RE: APPROVE 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 (INERT MATERIALS) IN
THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BRANNAN SAND AND GRAVEL
COMPANY, LLC
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 11th day of
January, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Brannan Sand and Gravel Company, LLC, 2500 E. Brannan Way, Denver, CO
80229, for 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 (inert materials) in the 1-3 (Industrial) Zone District, on the
following described real estate, being more particularly described as follows:
SW1/4 NE1/4, NW1/4 SE1/4; N1/2 SW1/4; S1/2
NW1/4, all in Section 20, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by
AGPROfessionals, 3050 67th Avenue #200, Greeley, CO 80634, 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.B 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 ordinance in effect.
1) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources." Mining will
progress through four (4) conceptual mining cells. Each cell will
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SPECIAL REVIEW PERMIT (USR16-0034) - BRANNAN SAND AND GRAVEL COMPANY, LLC
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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 four (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.) According to regional mapping by the United
States Geological Survey, the subject site is underlain by the
Broadway Alluvium and Eolium formations. The Broadway Alluvium
is a significant source of sand and gravel. The overburden,
including topsoil, ranges from inches to 6 feet and the underlying
sand and gravel deposit typically ranges from 20 feet to 30 feet in
thickness. These resources are commercially viable. The life of the
mine is expected to be less than 20 years, including start up and
reclamation.
2) 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.
3) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas." The site is a former
feedlot and pastureland located along the U.S. Highway 85 corridor
between the City of Brighton and the City of 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.
4) 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.
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5) 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 Conditions of Approval and Development Standards 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 23-2-230.B.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 (inert
materials) in the 1-3 (Industrial) 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 adjacent properties are mainly
commercial and industrial land uses, including the Union Pacific railroad
tracks. There is also some vacant land and crops. Halliburton is north of,
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 (1) 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 23-2-230.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 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 the Town of Lochbuie did not respond with
referral agency comments. The City of Fort Lupton in the 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
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of Brighton and Fort Lupton and responds to the referral agency comments
submitted by the City of Brighton.
E. Section 23-2-230.B.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, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.7 -- There is adequate provision 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Brannan Sand and Gravel Company, LLC, for 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 (inert materials) in the 1-3 (Industrial) 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 USR16-0034.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D. and 23-4-270
of the Weld County Code.
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.
5) The map shall delineate site and equipment lighting, if applicable.
6) Show the approved City of Fort Lupton access(es) on the site plan
and label with the approved Access Permit Number, if applicable.
7) The applicant shall show the drainage flow arrows.
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8) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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.
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.
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.
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.
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.
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
Reclamation, Mining and Safety.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditIftetl '�
Weld County Clerk to the Board
L3�puty Clerk to the Board
AP a ED AS ,TE3� R :
unty Attorney
Date of signature: Oa (act
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRANNAN SAND AND GRAVEL COMPANY, LLC
USR16-0034
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0034, is
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 (inert materials) in the 1-3 (Industrial) Zone
District, 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. The number of employees associated with the daily operations of mining and processing
operations is limited to ten (10) persons.
4. The hours of operation shall be in accordance with Section 23-4-290.6 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.
5. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
6. The operation shall comply with the Mine Safety and Health Act (MSHA).
7. The operation shall comply with the Occupational Safety and Health Act.
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.
9. 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.
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.
11. The importation and beneficial use of waste materials for reclamation shall comply with
Section 8 — Recycling and Beneficial Use provisions of the Regulations Pertaining to Solid
Waste Sites and Facilities 6 CCR 1007-2, PART 1.
12. 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.
13. The historical flow patterns and runoff amounts on the site will be maintained.
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14. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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.
17. 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 Chapter 14, Article I, of the
Weld County Code.
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.
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.
20. 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.
21. Adequate drinking, handwashing 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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25. 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.
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.
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. 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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